
Glass ^^_2^^ 
Book. 4^- \-^ 



152. 



/ 



THE 



Development and Protection 



OF 



THE OYSTER 



IN MARYLAND 



BY W. K. BROOKS, PH.D. 

Associate Professor ok Morphology in the Johns Hopkins University. 



BEING THE REPORT WRITTEN BY HIM AS CHAIRMAN OF THE OYSTER COMMISSION 

OF THE STATE OF MARYLAND, AND PRESENTED TO THE 

GENERAL ASSEMBLY, FEBRUARY, 1S84. 




BALTIMORE : 
Publication Agency of the Johns HoPKiN.si University. 
1884. 



77327 



To tl(f 7'ri/-<t/ees of ihe Joints Hopkins f/nicersitt/. 

In acconliince with your request, a small edition has been printed, for the use of the 
University, of a Report of the Oyster Commission of the State of Maryland, which has just 
1)een presented to the Legislature of this State. Its author is one of our own staff, Professor 
W. K. IJuooKs, I'll. 1)., who has devoted the greater part of his time during the last eighteen 
months to the study of tlit^ problem of perpetiuiting the oyster beds of the Chesapeake. The 
tact that he was made a menil:)er of the Oyster Comniission, liy appointment of the Governor 
of the State, should not conceal the jiart which this University has takeu in the prosecution of 
the enquiry. Dr. lirooks, for the last six years, has been the Director of the Chesaijeake 
Zoological Laboratory, an organization maintained at the expense of the Johns Hopkins 
University for the study of the manifold forms of living creatures which are found upon our 
sea-board. As long ago as 1H7.S he perceived the importance of the oyster, in its economical 
and in its scientific aspects, and began a series of prolonged, delicate, and original investi- 
yations respecting the mode In' which the young are propagated, and the conditions of their 
early life. The discoveries which he made were published in ISTIt, and have been fundamental 
to further practical attempts, on the part of Dr. Brooks and others, especially Lieut. Francis 
\Vinslow, I'. S. N., Mons. lirouchon-Hrandeley, of Paris, and Mr. J. A. Ryder, of the United 
States I'^ish Commission, to secure tlu^ successful artificial propagation of the oyster in large 
numbers. They have also led to a study of the conditions which destroy the life of young 
oysters, and of the legislation which is requisite for modifying these conditions. 

Tlie report which follows discusses all these points. Its iireparation devolved upon 
Dr. l>rook.s, as chairman of tlie Commission. I am confident that in all he has done or said 
he has beiMi governed by one consideration alone, — a desire to ascertain the exact facts, and 
to state tlicm in such a way that others may understand tliem, and thus be enabled to jirotect 
and develop one of the most important industries of Maryland. 

lie desires to have it known that the Report is in great part a gift by the LTniversity to 
tlie people of the State, since it would have been impossible for him to have prepared it if 
the Trustees of the University had not allowed him to devote a year to the work, while they 
continued to pay him the salaiy of his professorship. 

D. C. (OILMAN, 

President <>f tlie Johns Hopkins tJnitersity. 
Bai.timork, February '2'2, 1SS4. 



To the ffonorchJt' Hie General AfHie/jihh/ nf llie i^taie of Ma r ijhi nd : 

The Oyster Coinmissidiiers aiipoiuti'd by His Excellency the (ilovernur of >hLryhui(l, under 
tlie Joint Ilesoliitiiiii of tli(> ( !eiiei-al Assembly of Maryland, asscMited to at tlie session of ].S8'2, 
beg leave to resiHM-tfiilly submit the followin.i;' report : 

The inag-iiitude and complexity of the sul)ject, and the diversity of the interests which are 
Involved has I'endered the length of tins rejiort an unavoidable necessity, and we sliall there- 
fore present, first, a siunniary or alistra.c of the n^sults of our examination of the question, and 
we shall then giNe our results and o[iinions in full. We have tlierefore divided the report into 
four parts: first, aii outline or al)stiact of the whole; second, a statement of the facts which 
we have been able to obtain; and third, the r<!coinniendation of the nnuisures of protection 
which we regard as necessary; and ft)urth, a minority report liy W'm. Henry Legg, statin"- his 
objection to some ^loints of the report. 

Uesi)ectfnlly submitted. 

W. K. r.ROOKS, 
.lAMES I. AVADDELL, 
VVM. HENRY LEGG, 

Gommhsiuntrs. 



TABLE OF CONTENTS. 



Chapter I, A summary of the results of our examination of the oyster problem, and an outline of the tack 

measures of protection which we regard as necessary, --...-- 5 

Chapter II. The results of our examination of the beds, 13 

Number of oysteis to the square yard, ----.-• .--14 

Ratio between living oysters and dead shells, - - 17 

Ratio between large and small oysters, -.----.---18 

Chapter III. The possibilities of the Maryland oyster industry, -------- 21 

Areas of oyster beds, ------------- 25 

Results of present jjolicy, ------------ 26 

Revenue of State from oyster industry, -------.-. 28 

Profit on capital invested in the oyster business, - . - 29 

Chapter IV. The cause of the exhaustion of the beds, ... ^ ..... ^j 

Chapter V. On the means which are nece.ssary to arrest the destruction of our natural beds, - - 34 
On the wanton destruction of oysters and on the protection of young oysters, and the restor- 
ation of oyster shells to our waters, .-.-....- ^^ 

lixportation of oysters for [jlanting, ----------- 38 

A discussion of the effect of dredging, and of the protection of the tonging and planting 

interests, .-...-----.-.. 44 

On the closed season, ----- 49 

On the fishery force, ------------- 54 

On the Potomac River, ------ 55 

On Tangier Sound, ------------- 68 

On the State revenue, ------------- 69 

On the districting plan, ------------ yo 

Chapter VI. On oyster planting, ............. j^ 

Value of planting, _ - . jy 

French planting ponds, ------77 

Encouragement of planting, .--_.. S4. 

Chapi'er VII. Oyster farming, .---.--.- 86 

Description of a natural bed, .----_--.-- 86 

Can the natural supply be increased ? 89 

Profits of oyster farming, _...-. ^j 

Oyster farming in France, - - - 91 

Oyster farming in America, ------------ 105 

Spat collectors, - - - - - - - - -no 

On the rearing of oysters from artificially fertilized eggs, ------ 120 

Summary of chapter, -- 133 

Private culture and culture by the State, 134 

Encouragement of private culture, - - . - ...... j^y 

Private culture of natural beds, - 13S 

Chapter VIII. Reorganization of the Fishery Force, ----- 141 

Chapter IX. Minority Report of Wm. Henry Legg, - . - - 146 

Chapter X. Oyster industry and oyster laws of other States, 148 

Massachusetts, ..-.---------- 148 

Rhode Island, - 150 

Connecticut, .---.--------. 154 

New York, ..-.---------,- 161 

New Jersey, ------- 163 

Delaware, -.-..---------- 167 

Virginia, .....----.----- 171 

Chapter XI. A Bill to encourage the cultivation of oysters and to protect and improve the oyster fisheries 

of the Chesapeake Bay and its tributaries, - 174 



CHAPTER I. 

A Summary of the ResnUa of our E.ramination of the Oyder Prohlem, and an Oiilllne of (he 
Measures <f Protection which ice regard as neccssari/. 

TIIK l!i:s()I,i:'ri<iX TO APPdIXT AX OYSTI'-l! cuMMrssrux. 

The Resolution of the (ioneval Assembly of Maryluiid iiiul(>r which we were appoitited, 
is as follows : 

" Wliereas the oyster interest of this State is one of its most, ini])i)rtant industries, .y-ivin.t;' 
eniplDynient to thousands of its citizens and liavint;- millions of caiiital invested tlierein ; and 
whereas it is reported that reeent investigations have sliown that the oyster beds of the State 
have been seriously impaired by over-dredying and unwholesomo laws, and nre in danger of 
complete destruction at an early day unless checked by remedial legislation ; and whereas it is 
impossible for the present Legislature to adopt proper laws for v/ant of time and of reliable 
and sufRcient information upon the subject, and it is important tliat the next(ieneral Assembly 
have laid before it the true condition of tlie oyster beds of the State, and sucli other informntion 
as will enable them to devise such laws for the immediate protection of the same ; therefore be it 

" Uksoia'kd it// the Senate and House of DeJei/ates <f Manjland., That the (xovenKU- l)e and 
he is hereby authorized to appoint, on or before the first day of June next, three citizens of this 
State to examine the condition of the oyster Ijeds of the State and report the same to the next 
General Assembly, with su(-h recommendation as will conduce to the protection of this im- 
portant industry. 

"Resolved, Second, That each of saul commissioners shall receive the sum of five Inmdi'ed 
dollars and actual expenses for their service, the same to lie paid out of any m(.mey in the 
treasury to the credit of the oyster funds." 

OUTLINE OF OUK KlCPOnT. 

As soon as possible after your commissioners received notice of their ap])ointment, they 
held a meeting for organization, and doi-ided that their first duty under the resolution above 
([noted is to obtain accurate infornuxtion as to the true condition of the oyster beds of tlie State 
by actual personal examination. 

We have accordingly visited fifty-nine of our more important oyster beds, and have made 
three hmidred and twenty-six examinations, and have accurately measured and counted all the 
oysters upon one hundred and twenty thousand nine hundred and fifty-eight square yards of 
oyster bottom, and the results of this examination are given in tabular form herewith. 

We are therefore in a position to state the present value of oui- oyster Ijeds with very 
great accuracy, but the attempt to decide whether this value is diminishing, and if so, how 
rapidly, is attended with groat diliiculties, as there is no accurate official record of the ciindition 
of the beds in the past. The statenu-nts of interested fishermen, witli limited local experience 
and with no written records, are clearly of little value in tliemselves, and in the altsence of 
official records we have been cmnpelled to adopt an indiiect metliod of comparison. 

In bSTU Lieut. Framds W'inslow, United States navy, an officer of the United States coast 
survey, made an examination of the oyster beds of Tangier sound, and found at that date that 
within the limits of the beds there was an average of about one oyster to each three square yards. 
More exactly stated, his results showed tliat there was four huiulred and nineteen-thousandths of 



6 

an oyster to each square yard, or one oyster every Iavo and three Imudred and eiglity-six-tlioiis- 
andtlis square yards. Lieut. Y\'inslo\v says tliat the beds of Tangier sound exhibited evidences 
of exhaustion In 1879, and it is therefore probable that the average for all the beds at that 
date would have been somewhat greater. If wo find, therefore, that the average for all the beds 
of the Slate at present, is less than Winslow's average for the beds of Tangier sound in 1879, we 
may safely assume that the differeut-e is due to the deterioration of the beds within the last 
three j-ears. The results of our examination, which are given in full further on, (see chapter li) 
show an average of one oyster to each four ami a quarter square yards, or more exactly, two 
hundred and tliirty-five thousmidths of an oyster to each square yard. Our examination there- 
fore sliows that witliin the last three years our beds have lost more than 39-per cent, of their value. 
Our oliservation of the oyster fishermen at their work on the grounds in November, 1882, 
showed that they are now compelled, l^y tlie scarcity of oysters, to glean more carefully and 
comi)letely than ever befoi'c, and the annual injury to the beds must continue to grow greater 
and greater as the oysters become more scarce. 

The results of our examination are therefore seen to fully justify the worst forebodings, 
and to show that tlie oyster property of the State is in imminent danger of complete destruction. 
Having reached tliis conclusion, the next step was to discover the cause of the injury, and 
this Ave have attempted to do partly by ]iersonal investigation of the methods employed by 
the fishermen, ])artly by listening to the opinions of those interested in the subject, but chiefly 
by the study of the history of the destruction of oysterbeds in other places wliere more exact 
records are obtainable. 

Our <-ouc]usJoii, for which reasons will be given in full further on, is that the depletion of 
our beds is not strictly due to any particular method of gathering oysters, nor to the destruction 
of the young, nor to the viorkiug of the beds at wrong seasons, but to the great demand whicli 
comes from improved means of transportation, and from tlie growth in our State of a great 
commer(nal industry which has an unlimited and constantly increasing capacity for utilizing 
oysters. 

No means of protection can have any permanent value unless they are based upon the fact 
that tlie present demand taxes the beds far beyond their natural productive power. 

Of the ten and one-half million bushels of oysters which were gathered in our waters in 
1880, only 875,(H)() bushels were used as food by the people of the counties, and 1,018,000 by the 
people of lialtinKU-e and other cities of the State, while 8,G75,()(H) bushels, or more than 
four-fifths of the whole, were consumed outside the State. 

'lliose who hold that the peo])le of our tide-water counties imve a natural right to this 
supply of food may truthfully assert that if the sah> of four-fifths of our oysters to people 
outside the State were prevented, there would be nn abtuidant supply for our own people; but 
all civilized communities have recognized the advantage of selling their productions in the best 
market, and it is hardly necessary to point out th(> fact that it is not a iew capitalists, but 
the thousands of oyster fishermen who would suffer most by the destruction of the commercial 
Imsiness in oysters. The great mass of the oyster dredgers and tongmen are supported, not by 
the local deman d, but by the wholesale dealers, and the destruction of the wholesale oyster 
business would deprive these people of the $2,(H)().0()0 of earniirgs which are annually paid 
them by the dejilers, and would deprive fully oO,0()0 persons of their means of support. 

If Maryland is to retain her oyster industry, and is t<i have her share of the rapidly 
increasing business Avhich comes from the growing demand for oysters all over the country, the 
supply of oysters must be artificially increased, for the luitural fei'tility of the beds is not 
great enough to withstand even the present drain upon them, and the demand for oysters will 
certainly increase from year to year. 



jSo ineiisure.s of protection can liavc any permanent value unless they are ba.sed upon the 
lai't that the present demand taxes the l)eds far l)eyond their natural i>roductive power. 

Laws to regulate the length of the season, or the size of marketable oysters, or to comjicl 
culling on the beds, or to restri(!t the area open to dredgers, or to divide the beds into open 
and closed districts, nuiy all result in temiiorary improvement, and in the body of this report 
we have discussed various measures of this stu't, and have recommended nuiuy changes in tlie 
existing laws, among which are tlie following: 

Since we find that the most serious olista.cles in tlie way of tlu' enforcement liy th(^ fishery 
force of th<> laws of the State are the inability of the State t(_) protect the oysters of the 
Potomac river, and the power wliich has been conferred by law upon certain counties to 
permit dredging without a license from tlie State, we re<'ommend that, inasmuch as the State 
of Virginia has prohilsited dredging in her waters, the State of ]\hiryland apii)rove the existing 
law of ^^irginia so far as it relates to dredging in the Potomac riv(n- and its tributaries, and we 
also recommcMid that the General Assembly enact a law of similar tenor prohibiting dredging 
in the Potomac river and its tributaries, to take effect so soon as it shall be approved by the 
State of A'irginia : and we also recommend that tlie pi-oper authoriti(^s of our State l)e recpiired 
by law to take the steps which are necessary to secure the jirompt action of N'irginia, in this 
matter. 

V\'e aho recommend that the Sta((^ of Virginia be requested to appoint a commis- 
sioner or comissioners, who shall meet a commissioner or commissiojiers to be ai)poiuted by 
the State of jMaryland, to agree upon and report to the next Legislature of eacli State a plan to 
still further regulate the oyster fisheries of those waters. 

We further recommend that the State of Maryland assume the exclusive right to regulate 
the oyster fishing in all waters where dredging is permitted, and that all laws conferring this 
power on local authorities be repealed. 

In order to protect the tonging and planting grounds from tlie dejjredations of dredgers, and 
in order to enable the State fishery force to render more efficient protection to the grounds, Ave 
recommend that the legal boundaries of the area open to dredgers be simjdified. At pre.sent 
the taouiulary of the dredging ground is in some places indefinittdy defined, and in other cases 
it consists of a series of intersecting circles wliicli do not admit of designation by buoys nr 
landmarks, even if there were any legal provisions for the estal)lishmeut of such marks. We 
therefore recomuu'ud tbat the boundary Ije made as n(>arly as ]iossible a straight line lietween 
prominent headlands, and that such a line be estaldished to run around the bay and its tribu- 
taries to separate the waters where dredging is permitted from those where it is prohibited. 
We also recommend that proper landnuirks or buoys be placed at all points upon this line 
where such marks are necessary, ami that maps slio wing the line lie furnislied to all licensed 
dredgers, to all officers of the fishery force, and upon payment of their cost to all other persons 
who may apply for them. 

We also recommend that the bottoms upon the deeji-water side of the line be divided into 
eleven districts; six wide districts, alternating with five narrow districts, and that the five 
narrow districts be closed to the public for an unspecified tinu', and lie left to recuperate and 
also to furnish a sujiply of spat for the adjac-ent open districts. 

For the efficioit protection of the closed areas ami other grounds where dredging is i)ro- 
hibited, and for the effectual enforcement of the oyster laws, we recommend that there be 
l)laced upon each of the six open districts and upon the Potomac river a fast seawortliy steamer, 
which shall be required to be upon duty at all times, in the night as well as in the day time, 
during the whole year, to prevent unautlKn-ized persons from taking oysters, and to protect 
the closed districts and the tonging and planting grounds. AVe also recommend that each boat 



shall be in command of a seaman wlio is not a resident of any connty wliicli borders upon 
tlie district where lie is stationed, and who shall be qualified by education and training to 
make accurate surveys of all oyster beds within his district, and to perform all other duties 
of his position in a seamanlike manner. 

We also recommend that the taking of oysters from the public beds, or the sale of oysters 
for food be prohibited between the first day of April and the fifteenth day of October of 
each year, for two years, and that no person who buys or sells oysters to be used as food be 
liermitted to have in his possession any oysters three hundred of which witli their shells do not 
naake at least one bushel. 

We also recommend that the burning of oyster shells for lime, or their use in the manu- 
facture of iron, or in the making of roads, be proliibited ; and that areas be designated in 
each district where oyster shells may be deposited, and that all dredgers be compelled to cull 
their oysters at the time when and place M'here they are taken. 

These various recommendations are stated in full in the body of tliis report, together with 
the reasons for them, and at the end of this report they are embodied in a bill wlii('h 
should, in our opinion, be made a law, since we believe that (»ach of them will lielp to arrest the 
destruction of our oyster beds. 

We have, however, given many reasons in the body ot our report for believing that none of 
these measures, nor any measure which does not increase the supply of oysters beyond its nat- 
ural limits, can be of any permanent value. 

We have given careful attention to the possibility of artificially increasing the supply, and 
we have availed ourselves of all sources of information and have studied the laws and 
methods which have been found effective in Europe aiuT in other States of our own country. 
The greater part of this report is made iip of information upon this subject froin various 
sources, and we believe that careful examination of it will convince all of the truth of the 
conclusion which we ourselves have reached — that the oyster bottoms of our State are of 
greater value than the dry laiul, and that tliey will some day support a great and prosperous 
population. 

Their value in the past has been inconsiderable as compared with tlieir possible value 
in the future, for while the oyster fishermen have never earned much more than two million 
dollars a year, it is no exaggeration to state that our-grounds are capable of yielding hundreds 
of millions of dollars annually. 

The adoption by our people of measures which are already employed with advantage by 
other communities would increase the wealth and prosperity of Maryland almost beyond 
computation, and would add to the value and fertility of our oyster grounds in the same way 
that our farming lands have increased in value since the time when they were uncultivated 
hunting grounds. 

This can be brought about only by bringing the industry and intelligence of man to the 
assistance of nature, and at present there is little opportunity for enterprise in this direction 
in Maryland, and our oyster property owes none of its value to human industry, although 
there are in our State no farming lands which would yield a more sure and ample return for 
invested capital and labor. 

We therefore believe that a complete change must be made in our oyster policy -before our 
people can reap the full benefit of tlieir natural advantages ; but as any great change in an 
estal)lislied industry is sure to result in liardship and injury to individuals, and is, therefore, 
to be avoided if possible, we have sought to devise a plan which shall open the way for the 
gradual introduction of improved methods without taking away the rights or sacrificing the 
property of any one who is at present engaged in the oyster business, and without restricting 



those riu'lits any innn- than tin' pivsent oxliaiisted coiulitiou of (iiir Ixvls roiulors nocessnry nu(T 
uu.avoidabh'. 

( )iu" views and reeDimiiciKlatidiis uikhi this liiyhly iiiipni'tinit subject can !>(> best expLuiied 
by a discussion of the \iirious sources of tlie oyster supply and of the means which may 
be used to improve them. 

The sources of the oyster sujiply are three — from the natural beds, from the oyster jdanf ing 
industry, and from oyster farmiui;'. 

The natural supply from the beds has been as .i;Teat in the i)nst as it ever will be, and our 
efforts should be directed to the artificial increase of their jiroductiveness, and to the protection 
of the beds from further injury. 

.Vs the cause of the d(>t(^rioratiou of the lieds is over-consumption, the first st(^p for their 
preservation is the ren'ulatiou of the siijiply from eacli bed according' to its ca[iacity. 

Before this can b(^ done each pul)li'- bi'd must be surveyed and mapjied with as much 
accuracy as if it were farminj;' laud above water. Its condition must then Ije thorout^'hly 
examined annually by an (wiiert. wlio should liave i>o\ver to decide each year wliat beds are to 
1)6 open to the xmblic, and for how lonn' a time, 'ihe conditiDHs vary so much upon different 
beds that the establishment of an arbitrary system of o])eu and closed districts is a very crude 
remedy, but as our beds cover nearly five hundred square miles, ami are scattered over nearly 
six thousand square miles, of water, and as they are at pr<>scut nnsurveyed, the system of 
districts whi(di has been e.xplained abo\e is the best one which scmuus ]ii'acticable at |ires(Mit. 

A\'e recommend, however, tliat the officers of each police steanuu- 1h> recjuired to survey and 
map the natural beds in tlieir districts as quickly as possible, and that they be chosen for 
their fitue.ss for this work, as wcdl as for their ability to perform their otlier duties. 

^^'e also ]-ecommend that tliey make annual examination each sumnuM', of each b<'d, aiul 
report its condition to an oyster commissioner who shall l)e ap]>oiided for this imrijose by the 
(iovernor of the State, and who, to,ii-(»ther with the Comptroller of the Treasury and the 
Commander of tlu' State fishery force, shall form a board, with jiower to superintend and 
direct th(» surveys and examinations of the lieds, and to t<'mi)orari]y close any bed to the 
public. 

There xre also many minor measures which should be emjiloyed for the preservation 
of the natural beds, such as le^•islatiou to prevent tlie sale of immature oysters, to compel 
oystermen to cull on tlu^ beds, and to compel the restoration of all shells to the waters of the 
bay. This latter is a matter of the greatest importance. If thi' dry, (dean shells which 
accumulate in the winter at the centres of the oyster-jiaidviui;' industry were replaced during the 
summer upon certain designated spots where they are needed, the area of the beds and their 
productiveness would be vastly increased. One of your commissioners called attention to this 
subject in 1S70, and if his advice had then been followed our beds would not now be in their 
present exhausted condition. 

The second source of supply, oyster planting', is th(.' placing of young "seed" oysters u]ion 
bottoms wlii(di are favorable for their growth. This industry does not actually produce any iu>w 
oysters, although it does add very greatly to the value of the amiual crop. Young oysters attach 
themselves in such great numbers and so close together tliat any ]iarticular one cannot grow 
to maturity upon an undisturlx-d natural bed without crowding out and destroying nrauy others, 
and if these c-rowded young are scattered over the planting grounds, the number wlrich gi-ow up 
and become marketable is very greatly increased, and as the scattered planted oysters grow more 
rapidly, and are more valuable than those which are crowded upon the natural beds, a planting 
industry is a great source of wealth. In the chapter on oyster planting in this report we have 
given many reasons why this industry should be fostered and encouraged, and have tried to show 
how this can be best accomplished. 



10 

In another part of our report we have shown that it all the grounds suitable for planting- 
in our waters could ho made as jjrotitable per acre as the oyster grounds of the State of IMiode 
Island now are, they Avould return annually to their cultivators the sum of six hundred million 
dollars, and our beds are in reality far more valuable tlian those of Rhode Island, as our waters 
are free from the destructive enemies which there often destroy a large bed in a fcAV days, and 
our milder climate protects our oysters from destruction by ice and frost. 

Oyster planting does not require a large capital, and as it can be protitably pursued on a 
Somali scale it is capable of supporting a very great population, but no great growth of the 
planting industry can be hoped for until private enterprise in this direction is rendered as safe 
as similar investments of labor and capital on land. 

The measures which we recommend for the encouragement of idanting are: First, efficient 
j)rotection to planted oysters by the establishment of a clearly defined Ijoundary beyond which 
110 dredging sliall lie ]iermitted, and by the reorganization of the oyster police, as already 
explained; and, secondly, such changes in the "five-acre-law" as will give to each holder of 
land under that law a title to his land like a title to real estate, and by a cliange in this law 
which shall give to any one who has the right to appropriate five acres under it, the right to 
select their five acres from any land not already appropriated, whether tliey contain natural 
oysters or not. 

.\uotlier feature of the planting industry deserves notice. After this system l)Ccomes 
established it <'au be made to contribute, like real estate, to the expenses of the State by direct 
taxation. 

The third, and by far tlie most imi)ortant source of the oyster supply — oyster farming — is 
jiractically unknown in Maryland. 

Oyste]' farming is the rearing of oysters from the egg, and it is therefore true farming, 
and as each female oyster is aide to produce millions of young each year, tlie profits of this 
industry are almost unlimited. 

The various methods of rearing young oysters and of establishing oyster farms are fully 
described in tlu^ section on this sul)ject. The method whi(di has been most successfully 
employed in .Vmerica consists in depositing clean oyster shells njion the bottom just before the 
spawning season, for the attachment of tlu> young, and then placing among these shells a few 
mature oysters to furnish the eggs and young. As soon as the young oysters which are caught 
in this manner grow large eiiough to handle they are distributed over the bottom, and are then 
watched and tended in such manner as the peculiarities of each farm render necessary. 

TTie industry lias b(M>n carried on for more than ilfty years in the Kast river, near New York 
and Brookly]!, and although no oyster beds in this country have been more heavily drawn upon 
than those Avhich are close tc) this great centre of trade and jiopulation, they have been 
]ireserved up to the jiresent day, and are in no danger of extermination. The history of the East 
river oyster beds shows that the extermination of our own beds is entirely unneccessary and 
inexcusable. 

Oyster farming is also carried on in New Jersey and on Long Island, and the State of 
Connecticut three years ago adopted laws which have led to the establishment of large and 
valuable oyster farms in her waters. These laws are given in full in another part of our report. 

Th(> industry is profitable almost beyond conception, and we are told on official authority 
that a cro]> of oysters valued at eight million dollars was raised in this way upon a French farm 
of 492 acres, while upon another French farm of 500 acres 16,000,000 oysters were taken in six 
tides, although there were no oysters to be found there wlien the farm was established five years 
before. 

Ingersoll, in his "Report on the Oyster Industry of the ITnited States," says that twenty 
bushels of shells laid down anywhere in Barnegat bay, New Jersey, Avill produce one hundred 



11 

bushels of oysters, iind a, Coniu^cticut ^Y^itc^ gives tlie following account of the result of three 
years of oyster-fanning under wise laws in that State : 

" Fifty thousand acres of entirely barren ground covered thirty, forty and fifty feet deep 
b.\- the waters of I>ong Island Sound have been made into productive oyster beds, and have 
multiplied by an hundred fold the jirodnction of native oysters. Ten years ago tens of thou- 
sands of bushels of oystei-s wei-e imported from New York, New Jersey and Rhode Island, 
and now hundreds of thousands of bushels are yearly exported to these States and to ^Massa- 
chusetts. Millions of dollars are now invested in tlu' industry, thousands of men and women 
are employed, millions of luishels are in growing cro])s and huiidr(Mls of thousands of dollars 
yearly come into the States as proceeds of exported oysters. Tlie oyster authorities have 
paid more than fifty thousand dollars to the towns and to tlie Slate for grounds to cultivate, 
and pay a yearly tax to a large amount." 

According to Tngersoll, 5].''),0()0 bushels of seed oysters werc^ in 1.S71» taken from the Chesa- 
peake bay to be planted in ('(uinecticut, and three years of wise management have i>roduced 
such a change that one firm shipped to San Francisco in the spring of ISS;!, ir),(»(i(),(K)(l young 
oysters which had been reared on the Connecticut oyster farms, and were used for planting on 
the Pacific coa^t. This Stale is now able to sell seed oysters to the planters of adjacent States, 
besides sending an immense sup])ly to Furope. 

The departure of the oyster industry from ^Maryland to Connecticut in the near future 
is a certainty unle.ss we adopt measures similar or equivalent to those which have in a few years 
raised the oyster grounds of that State from a position of insignilicance to the front rank. 

The estaT)lishment of an oystei- farming industry in our watei's woiild soon double the pro- 
ductive area of ISIaryland, it would rapidly increase the wealth and prosiierity of our people, 
it would soon remove all danger of the loss of our oysters, and it would ultimately, by taxa- 
tion, relieve the peo])le of the interior of most of the burden of llie sup]iort of our Slate 
government. 

There is no measure of public policy in our State which is of greater importance to our 
people as a whole, or which is capable of contrilmting more directly to our groAvth and pros- 
perity than this matter of oyster farming. 

The only obstacle in the way of the development of such an industry among us is the 
existence of the sentiment that since the oyster groimds lielong to tlie whole people, they are 
not a ])roi)er field for private labor and industry. Sea fishes have always been regarded as 
common property, l>ecause it is not within the power of individuals to improve tliem, or 
increase their numbers or value, IjuI this is not true of oysters. An oyst(>r is as sul).ject to im- 
provement by cultivation as a potato, and the cultivation of oysters is, therefore, a, ])erfectly 
in-oper and legitimate employment for lal)or and capital, and the common right to the beds 
must in time give M'ay to private enterprise, just as surely as the ccnnmou right to the naluiul 
products of the soil has given way bi^fore the progress of civilization. 

Such a change as this cannot be brought aliout rapidly M'ithout causing great hardship; 
and it is therefore best that it should come slowly; but the common right of all our people 
to the use of the oyster beds is a vei'y different thing from the right of a portion of our peojjle 
to exterminate the beds ; and since it is plain that tlie interest of the whole people demands an 
immediate change in our oyster policy, your commissioners believe that steps should now 
be taken to render possilile the growth of our oyster farming industry in the future. 

(~)yster farming can be successfully carried on in shallow waters near the shore, with a 
small capital and on a small scale, and we believe that the changes in the five-acre law 
which we have recommended in the section on oyster planting are all that are needed at 
present for the encouragement of oyster farming in shallow water. 



12 

Tlie cultivation of oyster farms in deep water, on the other hand, requires the invest- 
ment of a large capital, and it can only be carried on to advantage on a large scale, either by 
the State, in areas set apart for the purpose, or by private individuals or companies upon large 
tracts deeded to them for oyster farming by the State. 

The question which of these methods is best can be decided only by experiment, and 
your commissioners recommend that the laws necessary for the trial of both plans on a 
small scale be passed by the General Assembly. 

AVe recommend that a State oyster farmer be appointed, and that an area be set apart as 
a State oyster farm in one of the five districts which are in another part of this report 
recommended to be closed to the public. 

We recommend that the closed district selected fen- this purpose be the one described 
in tliis report as " district number four," and bounded' on the north by a line from Hackett's 
Point, E. I S., about thre(^ and seven-eighths nautical miles, to the soutli point of the mouth 
of Broad creek ; on the east by the Western shore of Kent Island, from the south point of 
the moutli of Broad creek to a point in range of Thomas' Point and Thomas' Point 
Light, and in about latitude :38° 54' 10" N., longitude 2° 21' 40" W.; on the south by a line 
from this iioint, W. i N., about four and one-fourth nautical miles, to Thomas' Point ; and on 
the west by a line, N. by E., about four and three-fourths nautical miles, to Hackett's Point. 

We recommend that the State oyster farmer be required to cause the bottom of the oyster 
farm to be shelled, and to use all other means known to him for restoring and replenishing it; 
and we also recommend that whenever it is opened to the public a special tax of 10 cents per 
bushel be laid upon all oysters taken from it, in order to repay into the State treasury the cost 
of farmizig it, as well as to exhibit the value of the measure. 

We also recommend that a law be enacted giving to the oyster commissioners the jiower, 
under certain restrictions and conditions, which are explained in full in the report, to sell at 
auction to any citizen of Maryland the right to farm oysters upon any ground wliich is not 
already appropriated under the five-acre law, within the closed districts described in the 
report as " district number sis," and bounded on the north by a line from the south point of 
Parker's Island, E. 1 X., about seven and five-eighths nautical miles, to the north point of 
Poplar Island, and thence E. by S. about one and one-fourth nautical miles to Cove Point; on 
the east by the coast line across the mouth of Knapp's Narrows to the north point of Paw- 
Paw Cove, on the west side of Tilghman's Island ; on the south by a line from the north point 
of Paw-Paw Cove N. by W. about eight and one-third nautical miles to Holland Point, and 
on the west by a line from Holland Point N. by W. al^out two and one-half nautical miles to 
the south point of Parker's Island. 

Your conimissioners believe that all th(> measures which have hitherto l)een mentioned 
are necessary and should become laws, and we also believe that they all should take effect 
immediately, although it is not absolutely necessary that they all should be adopted or go 
effect at the same time. 

Besides these measures, we have found it necessary to recommend a few minor changes in 
the existing laws, and we have embodied all our recommendations in a bill, whicli is given at 
the end of this report. 

We regard the prejiaratiou of this bill as only a small part of our duty. 

The resolution under which we were appointed says that we are to lay before the General 
Assembly such information as will enable it to devise laws for the immediate protection of 
the oysters. 

We have therefore brought together in the body of our report, from all the sources within 
our reach, all the information which we have been able to obtain, and your Excellency will 



13 

there find a brief sketch of the oyster iurliistry and oyster hiws of Kurope, of Canada and of tlio 
Atlantic States of our own country. Our reiiort also contains many suggestions which we luive 
omitted from our bill, as they refer to points upon which immediate legislation does not seem 
imperatively necessary. 

We hope that, in case tlie bill which we have drawn up should not be regarded as a wise 
one, tile, facts M-hich are ]>reseuted in our rejiort will have a permanent value, and will enable 
your Excellency to form a clear conception of the needs of the oyster industry, and that we 
may thus contrilmte to the estalilislinient of wise laws for its protection and development. 



CHAPTER 11. 

The rcsnU.s of our I'.raiiii imlion oj' ihe heds .- 

While the opinion is rapidly spreading that our oyster beds are in imminent danger of 
exhaustion, there are many old oystermen who hold that this is untrue, and that the beds are 
now as rich as they ever have l)eeu. The first step in the work of the commissioners, therefore, 
seemed to be the accumulation, by actual examination of the beds, of such accurate knowh-dge 
of their condition as should prove to every one the truth or incorrectnesss of this impi'ession, 
and we have therefore devoted several months to the work of examining the beds, in oi'der that 
we may be able to make exact statements as to their condition. When we entered upon this 
work we were met by a grave difficulty, in the a))seuce of exact information as to their conditicjn 
in the past. The beds of Tangier Sound were very carefully surveyed in LST.S and IMTH, by 
Lieutenant I'rancis Winslow, l^. S. N., an officer of the United States ('oast Survey, acting under 
the direction of the Superintendent. Lieutenant Winslow has published a very exhaustive 
account of these beds, giving their areas, boundaries, position, general character, the number of 
oysters to the S(iuare yard, the ratios between oysters of different ages S:c. so tliat we were able 
to ascertain without difficulty, the chang(>s which tliese beds have undergone in the three 
years which have passed sinc(> this work was finished, but we W(!re unable to o)>tain exact 
information of this kind regarding the great mass of the beds of {\w Stat(\ i/ieutenant Winslow 
was employed for nearly two years in the survey of Tangier Sound, and a similar survey of all 
the oyster area of our State would reiiuire four or five years more, and as we had no means at 
our disposal for exact surveying, even if there had been time for ns to undertake it, we 
adopted a more rapid nu'thod of gaining a crude idea of the condititui of the beds. It is obvious 
that a bed where there are many oysters to the yard is in a more fertile condition than one 
where the oysters are few. it is also clear that a bed in whicli tiie living oysters are few as 
compared Avith the dead empty shells is less vigorous than one where the dead shells are le.ss 
numerous. 

It is clear, too, that a bed upon which many young oysters are growing up to rei)lacc tlie old 
ones is more prolific than one where the young oysters are few in numbers. During the first year 
of its life the oyster is much more exposed to accidents and enemies than it is after it readies 
maturity, and it is therefore i)lain that, if the average life of the ovster u]ion our worked Ijeds 



14 

is three years, any lied upDii wliieli the oysters oiie year old are not iiiucli more ttiaii one-third 
of the whole iiumber, mui^t soon be destroyed. 

We therefore attempted to ascertain these three points for all the lart>'er beds in our waters : 
first tlie number of oysters to the square yard ; second the ratio of living oysters to empty shells ; 
and third the ratio of mature to immature oysters. To ascertain the number of oysters to the 
square yard a dredge with a mouth a yard wide, was dragged over the liottom, for a measured 
distance, at a definite rate of speed, and its contents were then brought aboard and counted. 
This method does not give perfect accuracy, for tln> dredge does not, as a rule, take all the 
oysters. The mnnber of oysters taken by the dredge varies with the weight of the dredge, the 
speed of the boat, the depth of the water, the length of the line, tlie character of the bottom, 
&c. Still, examinations of this sort, made upon different beds 1)y the same dredge used by the 
same persons in the same boat and managed in the same manner, give results which are reli- 
able, although it is more difficult to compare the results of two or more examiners. 

The oysters captured in this way were carefully separated from the empty shells and other 
refuse, and both oysters and debris were measured and coiuited. The oysters of various 
ages were then separated into four sets ; large oysters, or those less than "JOG to the bushel ; 
medium oysters, or tliose lietweeu 200 and .300 to the l)ushel ; small oysters, or those over 40O 
to the bushel and over an inch long; and young growth, or those less than an inch long. 

Huring this worlv we have examined sixty-one beds and have uiade three hundred and 
forty liauls of the dredge, and the results of this examination are here given in full, together 
Avith an analysis, and a comparison of our results witli those wliicli had ]ireviously been 
obtained l)y AVinslow and others. 

MMl'.Ki; OI' ll^■S■^^.RS to Tiri', SiJT'.VIiK VAKU TX ArAltVLANH \VATKItS. 

Tn 1878 and 1879 Lieutenant WinsloM" examined all the beds in Tangier Sound, and 
ascertained tliat there were about .419 oysters to the square yard, or one oyster to every two and 
three hundred and eighty-six thousandths square yards. As the Tangier Sound beds at that 
time showed indications of exhaustion, this number, .419 to the square yard, is less than it 
Avould be upon uninjured IxhIs, and it is probable that the beds outside the Sound would have 
given a much greater number at tliat time. If Ave now find that the average is below this 
number, we can safely assume that the difference is entirely due to the injury which tlie beds 
have sustained since 1879, and we can thus form some estimate of the time which will be 
required for their complete destruction. We have made use of the method M'hich Avas employed 
by Winsh.AV in his examination. A dredge, a yard Avide, Avas dragged slowly over the bed until 
Ave ascertained that Ave Avere upon tlie oyster grounds. The dredge Avas then emptied, lowered 
onto the bed, and as soon as it began to take hold of the bottom it Avas timed, and the rate of 
the steamer Avas also ascertained by the ground log. The area dredged over Avas not the muu' 
in all cases. Where oysters Avere abundant tlie steamer AA'as stopped and time Avas taken as soon 
as the dredge Avas full. Tn other cases five minutes Averc alloAved to pass, and the steamer 
was then stopped. The dredge Avas th^n hauled in, and the oysters Avere counted and measured. 

This method does not give the actual number of oysters upon the bottom, for the dredge 
does not ahvays sAveep clean, and it is necessary to pass over the ground several times to 
thoroughly exhaust it, but results obtained in this way give the relative condition of the bed 
with great accuracy. 

Whenever the contents of the dredge shoAved that Ave we're off the bed, or near its 
limits, the haul Avas not counted, and the results therefore show the number of oysters upon 
the beds ; not the number per yard over the whole bay. 



15 

I'^jfty-ninc 1)C(1< were cxniiiiiicd in tliis m;i>'. and Ihr I'csiiHs are yivcii in the ai'('i>iii]ianyiiig' 
table wliii-li shows tliat foi-ty-I'mir nf tliese Iieds are l)elii\v Winslow's averaii'e, and lifteeu aliove 
it. Upon one of these beds, in ITiio|)ei''s Sf r;i it, we found s.-J oysters to the square yard, and 
■\ve liere oljtained 4,000 oysters in six hauls. Tliese oystei-s were all very kuuiU, averai;'in,t;' four 
hundred to the bushel, and we jirobably struck an area whei'(^ thei'e had l)een a .u'ood ejiteh of 
spat a year or two before, but whei'e there were no large oysters. At any rate, this cinidition 
is e.\ceptional, and 1 have therefore omitted the dredgings in Hooper's Strait in the average for 
the bay. Leaving this out, the average for the other fifty-eight beds gives .-l-'ib oysters to the 
square yard, or one oyster to eaeh 1 ,i;i]J yards, while thre(» years before there was one oyster to 
eaeh 'J£ square yards. 

If we assume that three years ago tln^ aAei'age was no moi'e than that txuu^d by W'inslow 
in Tangier Sound, we are conipfdled to eonclnde that in three years our beds have lost almost 
thirty-tive per <'eut. of their value (. H!)— .■J-Joir^.ltU : 104-:-. 11!IOO=.;''.<»=;!!) "„.). Startling as this 
result is, it is by no means the whole truth. We must remember that in I'^Vi' Tangier Sound 
itself was more exhausted thnn the l>ay, so tiierc were undoubtedly more than .4]ii oysters to the 
square yard at this date. Then, too, \v(' have examined many beds where dredging is not per- 
mitted, and other beds where the oysters are unmarketabh\ and tlie high results which we 
obtained from these beds are iiudiided in the average. If these were omitted our total would 
show nearly 'lO jkt cent, of exhaustion to the most valuable beds of the State. 

Your commissioners have no desire to create a sensational effect, but the accompanying table, 
which is compiled entirely from the facts which tliey have ol)served for themselves by ])ersonal 
examination of all the beds, must s])eak for itscdf. It is the most trustworthy evidence which 
we have been able to obtain and it certainly justifies the widespi-ead belief that the oyster 
jiroperty of the State is in imminent danger of com])lete destruction, unless radical changes in 
the methods of managing the beds are mad(^ at once. 

i:XP].ANA rioNd!' TAl'.l.i: NO. 1. 

The first colmnn gis'es the name of the bed ; the second the nundjer of dredgings which were 
inad(> upon it by us; the third the number of square yards dredged: llie fourth the iiumlier of 
oysters taken ; the fifth the niimlxn' of oysters found on each scpiare ya.rd by Winslow in ]<S78 ; 
the sixth the nnmlxn- fomid by "Winslow in ls7!(; the seventh the number found by us in 1.S82; 
the eighth the numljer found by us in 1S,S3; the ninth the amount of change in the bed between 
tin' two most recent examinations; the tenth the amount of deviation from Winslow's average 
for bSTit, of .419 oysters to the s(iuar(" yard ; and the eleventh the percentage of gain or loss since 
the last exauiination. Thus the first line shows that eight dredgings were made upon the Bodkin, 
that 17;52 square yards were examined, that 804 oysters were obtained, that the bed was not 
examined by Winslow ; that there were i),',, oysters to each square yard in 188'2 and in'i in 188,'i; that 
the bed has lost mi oysters to ea(di square yard, since 1882, and tluit it has lost 02 per cent, of its 
value in that time. 



Table No. 1. 
Table Showing the Number of 0//sfers to the Square Yard in the Waters of Maryland. 



Name of Bed. 



0) ~ 



o 



(jysters to square yard . 



1878. 18T9. 188;;. 

VVlnslow. Winslow. 



ib 






Percentage of gain 

or loss since last 

examination, or 

since 18T9. 



Gain. 



Loss. 



Boilkin 

Sandy Point 

Hackett's Point 

Swan Point 

Soutli Side Oliester River 

Corn Field Creek 

Tlioiua='s Point 

Round Point Reef 

Thomas's Bai' 

Tally's Point 

Scufl Hall 

Chink Point 

Choptank River 

Cook's Point 

Benoni's Point 

Chlora's Point 

Todd's Point 

Castlehaveu 

Horn Point • 

Total in Choptank 

First Kent Point 

Sontli Kent Point 

Eastern Bay 

Cox's Creek 

Tilghman's Point to Wade's Pt.. 

South River 

Shackel's Point 

Dnvall's Bar 

Brewer's Point 

Purdy's Point 

Three Sisters 

Poplar Island 

Sharp's Island 

Little Cliopiank No. 1 

Ragged Point 

Hill's Point 

Nigger Head 

Holland Point 

Plum Point 

Daddy Dare 

Little Corn Point 

Hog Island 

Hawk's Nest 

Broom's Island 

Middle Ground 

Kent Island 

Kent Island 

Potomae River No. 1 

Cornfield Point to Pitt's Point. . 

St. Mary's River 

St. George's Island 

Piney Point to Blackstone's Lsl'd 

Total in Potomac 

Piney Island Bar 

Fishing Bay Dredging Ground. . 
Fishing Bay Tonging Ground... . 

Hooper's Strait 

James' Point 

No Point Bar 

Great Rock 

Turtle Egg Rock 



8 

13 : 

8 
10 

5 

4 

5 

(i 

7 

8 

6 



1732 

2318 
2978 
1954 
5280 
1247 
1173 
3(ir.G 
2200 
24113 
1037 
2200 



894 

1164 

31.58 

2333 

189 

4(J3 

102 

495 



.81 

1.21 

3.728 



205 
571 
231 

777 



.305 

.19 

.234 

.057 

.0358 

.371 

.089 

135 

.0931 

.23 

.222 

.353 



—.505 

—102 

-3.494 

-5.163 



—.114 

—.229 

— .Ib5 

.362 

-.3732 

—.048 

—.33 

— 284 

—.3259 
—.189 
—.197 
-.060 



1 1 

1 

1 

1 

11 

fi 

r> 

2 

3 
5 

1 
1 
1 

2 

1 
23 

8 
13 



6 

5 

3 
13 

(i 

3 

4 

(i 

G 

6 

4 

3 

9 

4 

7 

4 

4 
20 
39 

6 

3 

1 

6 



20 
8 



3777 

1173 

293 

733 

293 

293 

fi563 

2064 

2138 

587 

487 

3666 

293 

220 

183 

.513 

293 

7313 

2364 

1494 

2200 

2300 

1833 

1089 

6333 

4033 

1173 

1466 

3200 

2200 

2300 

1467 

488 

5463 

2787 

5133 

3787 

1687 

7333 

19637 

976 

488 

163 

48S 

379 

813 

5708 

1626 



123 

430 

40 

8 

6 

150 

757 

69 

119 

24 

575 

186 

325 

190 

300 

340 

165 

1670 

727 

3809 

38 

78 

80 

37 

375 

23 

22 

308 

158 

569 

873 

339 

340 

185 

151 

513 

226 

705 

086 

3281 

1025 

439 

84 

4000 

181 

427 

1555 

355 



.032 
.30 

.115 
.01 
.02 
.51 

,117 

.0334 

056 

.041 



1.18 



1.94 

.69 

1.33 



.ti5 

.76 

.863 

.1089 

.66 

56 

.959 

.084 

,0981 

.013 

035 

.043 

.034 

.0645 

.0057 

.019 

31 

.071 

h 

.231 



— 981 

— 606 
-1,3319 



.0765 

.058 

.1 

.08 

.4176 

.073 

.1497 



.6M7 



.544 



.165 

.382 



.265 

.295 



1.05 
,9 

.517 
8.2 
.47 
.53 

.272 

.218 



-I-.500 



+.079 
+0.07 



—.387 
—.0.59 
—.304 
—.409 
—.399 
+.091 
—.302 
—.3856 
-.363 
—.378 
+.761 
—.369 
+.341 
+.444 

+.67 
+.241 
+ 141 

+.54 

— 335 
-,3209 

— 407 
—.384 
—.376 
—.885 

—.3545 

—.4133 

—.4 

— 209 

— 348 
—.149 

— 029 
—.188 
+ 231 

—.3425 

— 361 
-.319 
—.339 

—.0014 
—.326 

-.2693 
+.631 
+.481 
+.098 

+7.781 
+.051 
+.103 
—.147 
—.201 



21 



181 

"h\ 

106 
16 
57 
33 



67 



+116 

+114 

+23 

+1857 

+12 

+24 



Total 336 ' 130958 33405 



,.59. 



Total number of beds examined, 

Total number of Dredgings, 336. 

Total number of Square 'i'ards examined, 130,958. 

Total n\imber of Oysters found, 32,405. 

Numljer of Oysters to the Square Yard, .367. 

Number of Oysters to the Square Yard, exclusively of Hooper's Straits, .235. 



62 
84 
93 
99 
89 
13 
79 
67 
78 
45 
47 
16 



92 
14 
74 
97 
95 



72 
93 
86 
90 



88 



50 
87 
00 
97 
91 
89 
91 
84 
98 
95 
49 
83 
35 
06 
44 



81 
86 
76 
80 
3- 10 
79 
63 



34 

48 



i.'ATin r.irrw i;i;\ i.ivixc d^^rioiis anh hi-ad shki.i.s. 

Wlien the oysters arc culled upon tlie l)e(ls where they are cauuht the dead shells are thrown 
luu'k and the oysters upou a bed Miiieh has l)oeu overworked will therefore form a smaller part 
of the total contents of the dredge than they will ujiou a more prosi)erous and valuable bed. In 
a dredn'C which has been hauled over an unexhausted lied the liviui;' oysters are many and the 
sludls are few, while the dred.u-c brin,t;s uji from an exhausted bed a ,<;rcat mass of rul)bish which 
must be lifted and haiulled in order to obtain a few oysters. 

The ratio r)etween the livini;' oysters and the dead shells tlien'l'ore furnisli(>s us with a, 
means for deciding whether a bed is deteriorating or nol. 'I'his method oJ' estimating the 
condition of the l)eds is a very rougli one, and the evidence is nol of mu(di value when only 
a single bed is examined. Tlie dead sliells are swejit into I lie cliaiuiel in s(une ])laces and covered 
up by sand or mud in otliers, so dial the dredge may come up filled with shells when -it happens 
to strike a bed where they have been swept together, and in another case, where most of the 
shells are buried, it may contain few sludls. Tf tlie dr(Mlge is heavy and is dragged with a long 
line it may dig into the mud and Ikm-ouu' iilled with old sliidls, where another dredge, or the 
same dredge, dragged in a different way, may contain few oi' none. Tlie contents of the dredge are 
determined l)y so many accidents that single observations of the ratio lietween shells and oysters 
are of little value, but tlie case is ditl'erent where a great number of dredgings are made. In 
1S7() Mr. Otto Lugger visited most of our beds and measured tlie (|uantity of shells and of oysters 
olitained fnuii each. As lie made a great number of oliservations liis n^sults give us a means of 
ascertaining the average ratio in iSTd. His results, obtained by the examination of twenty beds, 
show that in 1876 the dredge brought up •".,';„, ])nshels of oysters for eacli Inishel of shells. In 
IST.S and 18711 Lieut. Winslow examined in tlie sanu- way seventeen lieds in 'langier Sound and 
fomid that only Iji;;, bushels of oysters wei-e olitaiin^d fm- each biislud of sludls. 

In November, 1882, your commissioners examined fourteen bi'ds in this way and IVnuid that 



the average had fallen from ;_!,';!;, in ]87(j and li,'!;, in ]S7ii to 1 



luds in 188-_'. Thirty-two beds 



were examined in the same way in the summer of 188;; and nearly the same ratio was obtained, 
there being 1^ bushels of li\ing oysters foj- each bushel of di'ad sludls. 
The results of tliis examination aj-e given in full in 

Taiu.i-; No. -. 
Table lo show thr innuhrr of Im Ethels af (H/sIrr^: lo car/i liii.s/ifl <>f Dead Shells. 




Bodkin 1.22 1 .14 

Sandy Point ' .14 

Hackelt's Point : 1 . 37 

Swan Point 1.85 i 8. 

ChKter River ' 

Coi-u Field Creek I 

Thomas's Point 13 

Tally's 

Scuil Hall 

Chink Point ! 1..5T 

Cook's Point 1.33 



IH 


^ 






h^ bO 


dS. 


« 


s 


as 5f 


IXl s 


CD 


CO 










J 


^ 








28 



4. 

2. 
1.8 

.8!) 
3. 

1.10 
4. 



1. 



!.33 



Benoni's Point. 

Castlehaven 

Horn Point 

Eastern Bay 

Kent Point 

Tili;hmau's Point., 

South River 

Shackel's Point.. . 

D avail's Bar 

Brewer's Point.. . , 
Purdy's Point. . . . 
Three Sisters 



1.2.J 
.17 

C. 

2. 

2. 
'.(IG 
.33 
.33 
.06 

2 .5 

1. 

1.5 



Sharp's Island. 
Holland Point. . . 
Plum Point ... . 
Little Cove Point. 

Hog Island 

Hawk'.'i Mest ' . 

Broom's Island ', 

Kentlsland 2.33,, 

Piny Island 2.33 

Fishing Bay it. 

Hooper's Straits -^i.O 

.James Point 4 . 

Sharp's Island o.O 

Poplar Island 5.0 

No Point Bar 

Great Rock 

Turtle Egg Rork 

Great Fox Island 4 . 



.18 



1 15 



4. 
1. 



.7!) 



.41 
1.02 



Soulli l^Iar^h Island. 

St. Michael's 

Bozman's Flats. . . . 
Roarina; Point 



5.6 , 
5.e , 
2.33, 

3. 



1. 

.21 . 

.28 . 
2.85. 
2. . 

.83. 

..57 . 
1 . 

.14 , 



In 1870 Lugger found as the average for twenty beds, 3 G82 bushels of oysters lor each bushel of shells. 

In 1879 Winslow found as the average from seventeen beds, 1.903 bushels of oysters from each busliel of shells. 

In 1882 we found as the average for Iburteen beds, 1.31 bushels of oysters for each bushel of shells. 

In 1883 we found as the average for thirty-one beds, 1.4-10 bushels of oysters fur each bushel of shells. 



IS 

This table show^^ that whilo it is now necessary to haiidh' IGl bushels of oysters and shells to 
obtain 100 bushels of oysters, it was necessary to handle only I'A bushels in bS7!) and only 127 
busliels in 1S7G. 

Tliis evidence, in connection with that which lias lieen iiiven in table one, seems to prove 
that tlie whole oyster area of our State is ])ein,<i- rapidly exhausted. 

Till-: RATIO r,i"r\\]:i:N i,ai;<:k and smai.i. ovstki!s. 

Any Ixnl is on the road to destruction if the nunilier of old oysters which are removed from 
it eacli year is as great as the numljer of young ones which are growing up to take their places. 
Oysters, like other animals, are exposed to niauy accidents, and the number Avhich can be taken 
from a bed annually is equal to the number which are growing up to take their idaces, less the 
number \vhi(di will lie destroyed by the accidents of nature. 

An accurate count of tlie oysters of various ages iipcni a bed. therefore, gives us a means of 
deciding whether it is or is not in danger of exhaustiou. 

We have, therefore, examined in this way the oysters upon the beds whicli \\(> liave visited 
and have divided them into four idasses. The first class includes large oysters, oi- all oysters of 
wliich a bushel does uot contain more than i2")0 ; the second class includes medium oysters, or 
those between 250 and too to the bushel; the third idass, includes the small oysters, those 
which are large enough to be seen and counted without difficulty, and more tlian 400 to the 
bushel; and the fourtJi class, or "young," those wliich are less than t)ne-half incli long. 

The accompanyint;- table shows the number of oysters of eacJi (dass, wlii(di we obtained 
upon the 1)eds which we visited and the ratio l)etween tliem. 

Thus we found upon the P.odkiu bar in Novendjcr, 1882, no large oysters, 22o medium 
oysters, 355 small ones and no ycnmg, and then* were at tliat time loo small ones for each (57 of 
medium size. 

In June, 1S83, we found no large ones, and the small oih's whi(di we had found in November 
had grown to a medium size, and there were no small ones growing up to take the places of 
these when they sliall be I'emoved by the season's dredging. This result seems at first sight to 
indicate that the fishing this season will exhaust the Eodkin bed and put an end to work 
there, but in truth tiie case is not quite so discouraging, for our second examination was made 
before the end of the spawning season, and an examination in the fall might have given a dif- 

erent result. 

In order to be trnstwortliy an examination of this kind should l)e made every year, in tlie 
same month, and if the oysters of various sizes upon each bed could be conn ted twice every 
year, in May or .lune, and in September or October, the results would be very valuable and 
would soon furnish a very exact means for ascertaining the condition of the beds. This evidence 
would be tlie more valuable as it would soon enable us to determine, a year or more in 
advance, how many marketable oysters a bed could yield without injury. 

In the absence of any records of the numbers of oysters of various sizes in previous years, 
our table is of no particular value, but we give it in full, in order to facilitate the work of com- 
parison in the future. 



'r.\i;i.i; Ni>. •->. 
yw/y/r /./ .s7,'r;/r llie Xiiiiiht-r and Ratios of Oysters of Various Sizes. 






o p ; 



kJ o 



BodkiD, November, l!>S3 

Bodkin, June, 18S8 

Sandy Point, June, 1883 

Sandy Point, November, 1883 

Ilackett's Point, November, 1883 

llnckctl's Point, June. 1888 

Swiin Point, November, 1883 

Swau Point, June, 1SS3 

Chester River, June, 188:! 

Corntield Creek, Jane, 188:^ 

Thomas' Point, June, 188:i 

Tally's Point, June, 188;i 

Eastern Biy, June, 1883 

Eastern Bay, November, 1883 

Tilghman's Point, June 1883 

Bcull Hall, June, 1883 

Chink Point, June, 1S83 

Cook's Point, June, 1883 

Benoni's Point, June, 1883 

Chlora's Point, June, 1883 

Todd's Point, June, 1883 

Castlehaven, June, 1883 

Horn Point, June, 1883 

Choptauk, June, 1883 

South River, June, 18S3 

ShacUel's Point, June, 1883 

Duvall's Bar, June, 18S3 

Brewer's Point, June, 1883 

Purdy's Point, June, 1S83 

Round Point Reef, June, 1883 

Saunders' Point, June, 1883 

Poplar Island, November, 1883 

Poplar Island, June, 1883 

Three Sisters, November, 1883 

Three Sifters. June, 1883 

Sharp's Island Rock, November, 1883 

Sliarp's Island Rock, Julv, 1883 

Little Choptauk, July, 1883 

Ragged Point, July, 1883 

Hiil's Point, July, 1883 

Nigger Head, July, 1883 

Near HoUaud Point, Julv, 1883 

Holland Poiut, Jidy, 1383 

Plum Point, July, 1883 

Daddy Dare, July, 1883 

Steps, July, 1883 

Little Low Point, July. 1883 

Patuxent River, July, 1883 

Hawk's Nest, July, 1883 

Broom's Island, .July, 1883 

Patuxent Middle Ground, July, 1883.. 

Thomas' Bar, July, 1883 

Kent Island, November, 1883 

Kent Island, July, 1883 

Bloody Point, July, 1883 

Potomac No. 1, January, 1883 

Corntield Point, August, 1883 

St. Mary's River, August, 1883 

St. George's Island, August, 1883 

Piney Point, August, 1883 

Great Rock, November, 1883 

Piney Island Bar, November, 1883. . . 

Fishing Bay, November, 1883 

Fishing Bay, November, 1883 

Hooper's Straits, November, 1883. . . . 

James' Point, November, 1883 

No Point Bur, November, 1882 

Turtle Egg Rock, November, 1883. . . 

Total 



II 

I) 

133 



fiOO 

108 

3011 

34 

110 



103 

197 

13 

."ill 



!)1 

II 



(I 





I) 
II 

II 
II 
II 



II 
4<ir, 


21.S 

II 

4.511 

33 
400 

31 

II 

80 




93 

II 


II 


II 


180 

23 

in 



II 
II 
II 



747 

I) 









84 

191 



4717 



23.-) 

314 

170 

1,55 

2025 

425 

22.50 

49 

79 

4(13 

I) 

271 

140 

525 

ml 

140 

777 

123 

II 

II 

8 

(! 

(I 

137 



190 

II 

3411 

105 

II 

803 

175 

124 

2IIS 

193 

900 

143 

II 

78 



37 

1S2 



(1 

131 

22 

308 





II 

339 



too 

59 
49 

151 





7115 



407 

700 

227 

46 

(I 

70 

213 

104 

15673 



32 = 5 
Z; 



:5 



355 



700 
II 

II 



I) 
II 

103 
53 

85 


II 

4. SO 

40 

II 



1.50 

020 

225 


200 
(I 

II 


210 


II 
II 
II 


2« 


II 

II 

II 

193 



II 





1.58 

569 

872 



205 



10 





513 

236 

II 

080 

401 

335 

312 

38 

4000 

111 

130 





II 
II 
II 
abuni1;mt. 
II 


few. 



few. 
II 

II 

few. 

II 
II 


few. 




few. 

abundant. 
II 

fiW. 






few. 


few. 
II 



nianv. 



i 

!. 







many. 



few. 







.29 
2.54 
.133 

.60 

2.14 



.727 
.088 
.01)9 

.115 



I 21 



1 94 

1 19 

.44 

.146 



I 

I 

- . . 

II 



I) ; 



I) 

; 

abundant. 

abundant. 

II 

II 



1.12 
.37 
.91 
manv 



1 83 



.39 
1.16 



07 



.307 



2 63 
2.75 



5.9 



1.01 
315 

1.07 
121 



63 
1.60 



11848 



20 

The precijse siKnifii'ance of tliis t;il)le cannot be ,ii'i\('n until similar examinations have l)oen 
carried on for a term of years, and at the same time in eacii year. 

It Mill be observed, however, that it shows a total of 2(),oyo large and medium oysters 
to only 11,.S4S small ones. Four thousand of these small oysters were taken at one time in 
Hooper's Htrait, in a " pocket "' wliicli had escaped the dredyers, and this haul should be omitted 
in order to show a typical average. If we leave it out we shall liave 2(),3'J() large and medium 
oysters to 7,848 small ones, or only a little mm-e than one small one to three marketable ones. 
It is very probable that if all onr examinations had been made in the fall, the number of small 
oysters would have been found much greater, and they are above the average on the l)eds which 
we examined in November. 

Still the summary of the whole table shows that the l)eds are losing their fecuiulity and 
that the crop this winter will be greater than it will be tlie year after. 

'ilie reasons for the small number of young oysters we believe to be, in ]iart, the scarcity of 
mature oysters to furnish spawn ; in part the wanton destruction of great numbers of very young- 
oysters through the violation of culling laws, and in part the absence of enough clean shells on 
the beds to furnish attachment for the spat. 

There are unlimited numbers of old, decayed and dirty shells on all the l)eds, Init on nnuiy 
of them we found hardly a single shell proper for the attachment of .spat. 

We regard the annual examination of the beds, in the way we have employed, as a matter 
of very great importance. In the abs(Mi(H> of such observations it is impossible to state with 
perfect certainty how many oysters a l)e(l may yield annually withmit injury. This examina- 
tion slnnild be made every year, during the same months, and it should be made under the 
superintendence of the same person, in the same way, in order that the results may admit of 
direct comiiarison. We therefore recommend that provision be made for the annual examina- 
tion of all the beds under the direct control of tlie .State. The proper time for this examination 
is the closed season. An examination after the year's dredging would show how many full- 
grown oysters remain and how many the lied might safely yield during the next season. If the 
examination was made late in the .summer it would aLso show how many young oysters have 
become attached during the spawning season. 



CHAPTER III. 

THE r()ssii;ii,riii;s ok thk mai;vi.am> <iv>iki; i.ni>i ■^■|•I!^•. 

No one who is familiar with the history of the oyster beds of otlie.r parts of the workl 
ran be snrprised at the deterioration of our own beds. i'>verywhere, in France, in Germany, 
in Enghmd, in Canada, and in all nortiiern coast states, liistory tells the same story. In all 
waters where oysters are found at all they are usually found in abundance, and in all of these 
places the residents supposed that their natural beds were inexhiuistil)le until they suddenly 
found that they were exhausted. The immense area covei-cd by our own beds has enabled 
them to withstand the attacks oi the oystermen for a much lonytn- time, but all who are 
familiar with the subjin-t have Iouk been aware that our present system can have only one 
result — extermination. 

The followiuij account of the exhaustion of oyster beds in Ijirojie is copied from Lieut. 
Winslow's "Report on the Oyster lieds of the James Kiver, \'a., and of 'i'auii-ier and Pocomoke 
Sounds : " 

"An estimation of the cft'ect of excessive tishiiiir may be tV)rmed l)y examining its results 
upon snch beds in England and France as have records upon tlie subject. The most instructive 
of these are the records of the producti<m of the beds of (laricale ISay, on the northwest coast of 
I'^rance, which extend o\im- a period of sixty-eight years — from isoo lo isdS. The beds in tlie 
bay comjirise an area of about b'ld acres, and from isoo to Isic ]iroduced from 400,000 to 
2,400,000 a year. This, howevei', was the period of tlu^ Napoleonic wars and the fishing was 
much disturbed by the presence of (he Fnglish ci-uisers. Dnring (liis time the lieds became so 
thickly stocked that the oysters were in some places a yard thick. After tlie close of the war 
the tishing improved and the oysters wei-e i-emoved in lai'gei' and increasing numbers until 1.S43. 
From 1S2-") to bS4S it is supposed that the dredgers were living ujion tlie oysters accummulated 
during the period of enforced rest, from isoo to bSlil. in is 17 the number of oysters produced 
was ri,(;oo,000, and until 184."! there was a constant increase, the nnmljer taken in the latter year 
being 70,000,000. In 1S4S it was (iO.OOO.Ooo ; thenceforward there was a constant decrease. From 
18.")0 to 18')(; the decrease was from ."iO,ooo,o(»i) to ls,oi)n,ooo, snjiiiosed to be the effect of 
overdredging. From 185!) to 18(J8 the decrease was from ]ii,0()0,000 to l,07!t,000; the oysters 
having almost entirely disappeared from the Ijeds. though on aci;ount of tlie siiffering condition 
of the inhabitants of the shores it was almost impossible to prevent it. In 1870 tliere was a 
complete wreck of the bottom whii'h could only be nnnedied by a, total prohibition of the 
fisheries for several years. 

" From the beds of the districts of Pochefort, Marennes, and Islaiul of ( )leron, on the west 
coast of France, there were taken in 185.'i-'54 10,000,000 oysters, aiul in 18.54-'.J5 15,000,000. 
On account of exhaustive fishing, in 18(j;>-'64 only 400,000 could be obtained. 

"According to the testimony of Mr. Webber, mayor of Falmouth, England, about 700 men 
working 300 boats, were em]doyed in a profitable oyster fishery in the neighborhood of Falmouth 
until 186»), when the old laws enforcing a "close time " were rei)ealed. muter an impression 
that, owing to the great productive powers of the oyster, it would be impossible to remove a 
sufficient number to prevent the r(!-stocking of the lieds. Since isdi; the beds have become so 
impoverished froni excessive and continual fishing that in I87() only 10 uien and 40 boats could 
find employment, and small as the numbei' is, they could not take more than (iO or 100 oysters a 
day, while formerly, in the same time, a boat could take from 10,000 to 12,000." 



00 



" Arcordiiig- to the statement of Mr. Messuin, an oyster dealer and secretary of an oyster com- 
l)any at Emswortli, England, made before the C'onimissioii for tlie Investigation of Oyster Fish- 
eries, in May, 1876, there were in the harbor of Emsworth, between the years of 1840 and 1850, 
so many oysters that one man in live hours conld take from 24,000 to 3l>,000. In consequence 
of over-fishing, in ISoS scarcely ten vessels could find loads, and in 1868 a dredger in five hours 
could not find more than twenti/ oysters. 

"The oyster fisheries of Jersey, in the English Channel, afforded employment to 400 vessels. 
In six or seven years the dredging became so extensive and the beds so exhausted that only 
three or four vessels could find employment, and the crews of even that small number had to do 
additional work on shore in order to support themselves." 

In tlie cliapter on dredging and tonging, in a later portion of this report, many facts are 
given regarding the former abundance of oysters in Canada and in many parts of New England. 
In addition to these it will ))e interesting to note the following facts taken from Ingersoll's 
Keport, regarding the former abundance of oysters in Xew York: 

In early days nearly all the creeks and inlets along the sea coast of the State of Xew York 
abounded in fine oysters, and most of the Avriters wlio described the res(Hirces of the province 
spoke particularly of the abundance of oysters in the immediate vicinity of the city of 
Xew York. 

In 1621 "very largo oisters " were too common in Xieuw Amsterdam to find a market, as all 
could supply themselves directly from the beds without charge, and almost without effort. In 
1671 Arnoldus Montanus, and in 1681 Sir George Calvert, mention among the advantages of the 
new settlement oysters a foot long, in great plenty, and easy to take, and letters written about 
the same time contain such statements as these: 

" At Aniboy Point and several other places there is abundance of brave oysters." 

" Oysters, I think, would serve all England." 

" We have one thing more particular to us, which the others want also, which is vast oyster 
banks, which is the constant fresh victuals during the winter to English as well as Indians. Of 
these there are many all along our coast, from the sea as high as against New York, whence 
they come to fetcli them." 

Peter Kalm, who wrote upon the subject in 1748, says: "The Indians who inhabited the 
coast before the arrival of the Eiiropeans have made oysters and other shell fish their chief 
food; and at present, whenever they reach salt water where oysters are to be got, they are very 
active in catching them, and sell them in great ciuantities to other Indians who live higher up 
the country; for this reason you see immense numbers of oyster and mussel shells piled up near 
such i>laces, where you are certain tluit the Indians formerly built their huts." lie also says that 
the oyster Ijeds were witliin view of the town of Xew York in 1748, and that the oystermen were 
able to earn eight or ten shillings a day. He says that at this date the value of the oyster 
fisheries of the province was much more than ten thousand pounds annually. 

Very nnich earlier, in 1679, Jasper Bankers and Peter Slyter in a "Journal of a Voyage to 
Xew York" spoke of the abundance of oysters in the vicinity of what is now Brooklyn, and say 
that they found the oysters large and full, many being more than a foot long. 

Even at this time Xew York oysters were exported to the West Indies, either pickled or 
fried and imbeded in a solid air-tight mass of butter, and Kalm says that in 1748 the exportation 
of fruit and oysters was a large and important business. 

The destruction of our beds has not come upon us without ample warning. 

In 1876 Prof. Mobius, a well-known German authority upon the subject, made the following 
l)rophecy : " In Xorth America the oysters are so fine and so cheap that they are eaten daily by 
" all (dasses. Hence they are now, and have been for a long time, a real means of subsistence 
" for the people. This enviable fact is no argument against the injurious effect of continuous 



2:5 

"and severe fisluiig. As the uunil)er of <H)iisaia:'rs increases iu America tlie [)rice will also 
"surely advance, and then there will arise a desire to fish the beds more severely than hitln^rto, 
"and if they do not accept in time the unfortunate experience of the oyster culturists of 
" Europe, they will surely find their oyster beds impoverished throu.i;'h their own neglect." 

In 1879 one of your commissioners called attention in the " Report of the C(^mmissioners 
of Fisheries" to many facts, " which show that whetlier the danger of e.xterminatiug the l)est 
"and most accessible oyster bt'd-i is neir or remite, it is sur(^ to force itself upon us some 
"time. * * * As long as the cousnm]ition of oysters was resti-icled to the regions in tlie 
"immediate vicinity of the beds, the numbei' of oysters which it would pay to gatlier and i)ut 
"into tlie market each season from eaidi bed was limited ; but witli tlie pi-esent facilities for 
"imcking and transporting oysters thi-re is no limit to the number whic'h can b(^ utilized 
" and the danger of destroying the best beds grows greater every day, and keeps pace M'ith our 
"increasing population and with the imjirovements in transjiortation." 

"If we wait until the beds are exhausted the remedy will be slow and expensive, 
" but prevention of the danger iu time would not necessarily be attended with any great 
" expense." 

The same report contained an appendix l)y I'rancJs Winslow, F. S. N., in which he detailed 
the results of his exainination of the beds in Tangier Sound. Although his reasons for his 
conclusion were not the same, his coiKdusion, which is given in the following extract, was 
th(; same as the on(^ just quoted. He says: " C'onsidering the abnormal ratios between 
" the mature and young oysters, the increased percentage of debris iu the beds, the sixiall- 
"ness of the number to the square yard, and the decrease in these numbers iu most of the ])eds, 
" together with the large number of oysters, young and old, annually removed, 1 am of the 
" ojiinion that, thongh the fecundity of the lieds in Tangier Sound is not yet destroyed, it is 
"very much impaired, and that not only are tlie beds rapidly and surely deteriorating from the 
"excessive fishery, but that tlieir total failure is but a cpicstion of time." 

Mr. 11. II. Edmonds, of Baltimore, stated in the " Ileport on the Oyster Industry of the I'nited 
States " in 1879 that " the Legislatures of Maryland and Virginia have, at every session for 
many years, revised and re-revised the laws upon this suljject for their respective States; but 
have always been content to work in the dark, knowing nothing ]iractic£.lly, and never seeing 
the value of obtaininn- full information upon so important an industry There is, f)erhaps, no 
subject of such vital importan.'-e to either State that is so little understood " 

"The present report must, at the best, be but the basis for a more elaborate and thorough 
scientific examination of this subject. From the chaos in which I found the business, so far as 
regards statistical information, I have tried to evolve somo facts and figures which, by showing' 
the importance of the trade, may cause a more careful study to be made of the means to ai-rest 
the present depletion of the beds, and provide ways for increasing the natural supply of oys- 
ters. Until this is done, it is almost useless to hope for wiser laws than those now in existence, 
many of which are not wortli the paper upon wliich they are written. There are so many 
widely-ditl"ering interests, each seeking, through its representative in the State Legislatures, to 
have such laws enacted as will protect its own particular branch of the trade, regardless of 
what may Ih- desired or needed by other branches, that it is utterly useless to expect to please 
all. roliticians, however, dependent upon the votes of the unlearned as well as the learned, 
must seek by all means to i>lease their constituents, however unwise maybe their desires. The 
carrying out of this doctrine results in a conflict of opinion among legislator's, and no one being 
willing to relinquish his own pet theories, much time is wasted in useless discussions; and, at 
last, when a bill is pro^josed, it is subjected to so many amendments that, when finally passed, it 
it would scarcely be recognized by its originator. In this Wciy the laws both of Virginia and 
^laryland bearing upon the oyster trade, are often worse than useless ; and if by chance a law 



should be p>o(l the means of enforcing it and the penalties for viohiting it will be so inade- 
quate that no good results will follow its passage." 

'• While dredging, properly eonducted, is no doubt beneficial to the beds, 1 am inclined to 
think that it is being carried too far, and that its ultimate effect will be the same as in every 
European country where it has been unrestricted by proper laws. ]}y some it is believed that 
the oyster beds of the Chesapeake bay are of such vast extent, and the number of young 
annually spawned so great, that it will be impossible to destroy them. In view of the experi- 
ence of (ireat Britain and France, and of the almost complete destruction of many of the once 
famous beds of tlie Chesapeake, such an opinion is without good foundation. The history of 
dredyiug in France and in Great Britain is very instructive, and may be studied with much 
profit by those who are interested in the pr(\servation of the oj'ster beds of the Chesapeake 

bay * * *" 

" As the best stocked and inost productive beds of Europe were quickly destroyed by 
unrestrictiMl dredging, so may the hitherto seemingly exhaustless beds of the Chesapeake bay be 
depleted, if the present rate of dredging is continued. An illustration of tliis may be seen in 
the almost total exhaustion of the once famous beds of Tangier and Pocomoke sounds. Year 
after year these beds were dredged by hundreds of vessels, and even the summer months 
afforded tiiem l)ut little rest. The result of tliis has been ]ilainly seen during the past few years, 
and moi-e especially during the season of bsyy-'SO, in the great scarcity of oysters in these 
souiuK. Vessels having found it unprofitable to dredge in these sounds, since the oysters 
became so scarce, have turned their attention to other parts of the bay, and will thus give the 
Ix'ds a year or so of comparative rest. It is doubtful if they will ever again be as well stocked 
as in former years, for as soon as oysters again become ])lentiful, there will be a rush of all the 
drediriu!i- boats in the State. Thirty years ago the depletion of these beds seemed almost 
iiii|iossible, and yet, at the present time, it is an admitted fact that oysters have decreased at 
least four-flfths in Pocomoke sound and two-thirds in Tangier. If it were possible to restrict 
dr{>dn-ing so as to give every Ix-d an occasional year of rest, the result would jn-ove the wisdom 
of such a course. Owing to the great extent of the oyster beds in the bay, and their immense 
annual production, it may be some years before there is an oyster famine, but sooner or later it 
is coming, unless ther(> is a radical change in some of the present phases of the business. 
Properly protected and cared for, the ' imbedded wealth ' of the Chesapeake might be increased 
many fold. It is a shame that the gifts so lavishly be.stowed by nature upon Maryland and 
Virginia slioidd receive so little practical appreciation."' 

There has been no lack of warning, nor can our peojde plead ignorance of the true remedy. 
In the paper which is referred to al)ove one of your commissioners discussed at considerable 
length and warmly recommended a plan whi«-h was employed two years after by the people of 
Connecticut on a very extensive scale, and with such good effect that the oyster grounds of that 
State have been raised in three years from a jiosition of insignificance to the front rank. 

If the importance of shelling our oyster bottoms with dead and clean oyster shells had been 
recognized at the time M'hen we recommended tliis practice, and if the laws which are needed 
for its encouragement had then been enacted our oyster supply would now be in no danger of 
exhaustion. 

The recommendation met with no attention as it was looked upon as the inipractlcul view 
of a student ; but our people may perhaps be able to learn from the pradlval example of Con- 
necticut what they would not learn on the authority of a scientific i)aper. 

If we do not it is safe to hazzard another scientific prophecy and to point out tliat as our 
supply fails the oyster farmers of Connecticut are ready to bid for the business of supplying the 
market; that after the invested capital of the packing business has once departed from our 



25 

State the lu-actical slirewdiiess and industry and intelligence wliich have taken it away from us 
will l)e perfectly able to hold and retain it in opposition to anything we (;an do to the contrary. 

It rests with onr peojilo to decide whether they will wait for this iiractical lesson or not. 
In some cases it is worth while to shut the stable door after the horse is g'one. Our experien("e 
•of last winter shows that even when the enactment of laws enforcing vaccination has been 
neglected until the outbreak of a smallpox epidemic, it is not even then too late to benefit the 
survivors ; but after tlie Yankee fishermen of Counecticnt have once got the oyster business into 
their own hands, they will be more difficult for us to liandle than the smallpox. 

Our people should also be awakened to a sense that interest in the matter is not confined to 
the fifty or sixty tliousand persons who now live by the oyster business, or even to those who 
valne oysters as food. It directly influences the welfare of all of us and our posterity, for our 
<iyster beds are our greatest source of wealth, aud upon them more tlian upon onr commerce, or 
our manufactures, or our farming lands, the future wealtli and i)rosperity nnd jiopnlation of our 
State depend. 

I-]very one ai)preciates that it is for his interest to get liis little private supply of oysters as 
clieaply as possible, but scarcely any one, excejit the oyst(>rman, i-ealizes that this is the least 
of his interests in the matter. If our population were increased fifty fold, the oysters needed 
for home consumiition would even then be only a small jiart of the sujijily which cnir waters can 
be made to furnish, and every one wlio is interested in Maryland ; all business men who will be 
benefitted by an increase in wealth aud poi)ulation ; all farmers who i>ay taxes to the State, and 
all persons who own property here, should awaken to the fact that our greatest source of wealth 
is almost absolutely undeveloped. 

The wealth which is within the leach of our people aud their descendeuts, from the oyster 
grounds of the State, is great, almost beyond exi)ression. and it is not too much to affirm that the 
money value of the grounds under the water is equal to that of the dry land. 

One of y^our commissioners has attempted to form a rough approximation to tlie area which 
is at present occuiiied by oysters in Maryland, and while, in the absence of exact surveys, the 
result cannot be regarded as strictly accurate, his conclusions, which are given in the following 
table, are certainly not excessive 

Tauli-: \n. 4. 

Areas of Oyster Beds Approximately Ascertained. 



Square Yards . Square Yards 

Fishing Bay Beds 3.5,600.000 ! Brought forward lyii.SST '.'00 

Wfirc Point l.SilOOOO | Calvert County Bay Shore 57,07t; SOO 

Shark Fin Point 1,850,000 I .Tames River to Islands loBouudary Line 42,240,000 

Nanticoke Point 8,400,000; Anne Arundel County Bay Shore 88,281,(i00 

Clump Point 400,000 Kent County Bay Shore 21,608,400 

Horsey's Bar Beds 200,000 Talbot County Bay Shore 50,872,800 

Tyler Beds 700,000 | Queen Anne's County Bay Shore 48,787,200 

Drumming Shoal 2,400,000 ; Susquehanna River Oyster Beds 14,700,000 

Cow aud Calf 300,000 \ Sassafras River Oyster Beds 3,300 000 

Bloodsworth Island (East Bed) 4,000 000 I Back River Oyster Beds 2,200,000 

Cedar Beds 400,000 : B.aek River Oyster Beds 1.200 000 

Mud Beds ' 1 ,800 000 Gunjiowder River Oyster Beds 3 800,000 

Turtle Egg Island 1,6.")0,000 Bush River Oyster Beds 1,300,000 

Chain Shoal 1,300,000 | Hawk Cove Oyster Beds 960,000 

Muscle Hole Bed 3,000,000 ' Patap=co River Oyster Beds, (Old Road River to 

Piney Island Bar 7,000,000 i Sollers' Point) , 3,800 000 

Manokiu River Bed 6,200,000 1 Chester River and Creeks Oyster Beds 21 ,400,000 

Big Annemessex 3,000,000 \ Bodkin Creek Oyster Beds .'i.OOO.OOO 

Harris' Beds 3,400,000 j Magothy River Oyster Beds 8,900,000 

Terrapin Sand Beds , 1,400,000 ' Severn River Oyster Beds 3,.500,000 

Paul's Bed 800,000 I South River Oyster Beds 6,000,000 

Woman's Marsh 7,000,000 I Eastern Bay and Creeks Oyster Beds 10,400,000 

Bed of Janes' Island 1,800,000 I Choptank River to Camljridge Oyster Beds 13,300,000 

Great Rock 8,.'-)00,000 j Little Choptank River Oyster Beds 7,100,000 

St. Mary's County Bay Shore 48,787,300 I Patuxent River to Benedict Oyster Beds 17,300,000 

Carried forward 130,587,200 ' Total 578,224,000 



2(J 

Five hundred and seventy-eight million square yards are about one hundred and ninety-three 
s(iiiare miles, or one hundred and twenty-three thousand five Imndred and twenty acres. 

As Winslow found, by actual survey, that there are lO;} square miles of natural oyster beds 
in Tangier sound alone, this estimate of V.r.i square miles for our whole territory is certainly 
not excessive, and it will be noticed that the Potomac river is not included in this estimate. 

We show in another part of our report that only a very small part of the bottom which is 
proper for oyster farming is now occupied by natural beds, and it is safe to estimate the total 
area of valuable oyster ground in our State at one thousand square miles, or six hundred and 
forty thousand acres. 

Much of this ground could be made to yield to its cultivators an annual profit of !8;i,000 per 
acre, and the profit on the whole, under a thorougli system of cultivation, would not be less than 
$100 per acre. It is not too much to afla.rm that when tln^ whole of this area shall have been 
developed the future citizens of our State will be able to draw an annual income of over sixty 
million dollars from our waters. At present, however, tlieir value is very much below this 
estimation, and under the present system of management it is rapidly disappearing altogether. 
The oyster crop has never been very much mon^ than in,()()(),00() bushels, and its value to the fish- 
erman has never in all probability exceeded ^'.i.OOO.OOO. It is not easy to ascertain its precise 
valxie with great accuracy, but $2,000,000 annually is a safe estimate, and the actual annual 
value of tlie oyster beds, under a system which is rai^idly leading to their complete destruction, 
is thus seen to be less than three per cent, of their jiossible value. 

An abstract statement in figures is always open to distrust, and in order to guard against any 
impression that the value stated above for our oyster grounds is imaginary, we wish to call at- 
tention hei-e to what lias actually been realized in other places. 

The oyster Ijeds of Rhode Island were long ago so depleted that they have long ceased to be 
of any value as a source of food, and there is now only one river in the State where seed oysters 
for planting can be ])rocured in any quantity. 

A few years ago, laws wi^re passed to foster and dc'vclo]) the planting industry, and in l.S7!(, 
W)2 acres of planting ground were occupied under this law, and notwithstanding the fact that 
nearly all the seed oysters must be jmrchased outside the State, these i)R'2 acres yielded in IST!), 
oysters which were sold by the cultivators for $(J80,5()(). 

We hope to show further on that oyster-planting is l)y no means the most i)rofltable use to 
which our grounds can be jjut, but a simple computation will prove that if all our grounds were 
used for this purpose and were no more pi'ofitable than those of Rhode Island, our 040,000 acres 
would annually yield to tlieir cultivators nearly five hundred and fifty million dollars. 

There is no fear that the market will ever be overstocked witli a cheap and nutritious 
article of food like the oystei-; and as improvements in the method of packing and transporting 
oysters are introduced, the demand for oysters to sui)ply the rapidly increasing population of 
the United States will fully tax all the resources of our waters, to say nothing of the demand 
from FAirope. 

The greater part of our report is devoted to an explanation of the means which can he 
employed in order to develop the resources of our oyster grounds, but this is all that lies within 
our power. 

It rests with the people of Maryland to decide whether these resources shall be develojied, 
and until we are prepared to avail ourselves of our natural advantages, and reap the har^•est 
which lies within our reach, nothing can be accomplished. 

Our present oyster policy has had a thorough trial, extending over a long term of years, 
and we may therefore ask now, with perfect propriety, what it has accomplished. We believe 
that any one who is in the position to view the .subject from all sides, or any one who will 



candidly weigh the facts whicJj are detailed in this report, will acknowledge that the following 
in a. jnst answer to this question : 

Under our present policy our beds have yielded al)Oiit ten million bushels of oysters a year, 
from grounds which are (capable of yielding ov^er five hundred million busluds annually. 

Our ijresent policy has resulted in the destruction of sonu^ of our most valiuible beds, and in 
the serious injury of all of them, while other States have greatly increased the value of their 
beds at the same time that they have increased instead of restricting the fishing. 

It has paid a profit of less than loo per cent, annually u])on the capital invested in the 
business, while money thus invested in Dthcr States has paid an annual interest of more than 
200 per cent. 

It has given employment to about fifty thousand of our people for part of the year, while 
our grounds should give profitable employment to five hundred thousand {jcople for tlie whole 
year. 

It has done nothing to encourage migration into our State, although onr natural advantages, 
if they could be utilized, would draw to us a very desirable class of emigi-auts, 

- It has paid our oystermen about two million doUai's a year, although our grounds should 
pay to their cultivators over sixty uiilliori dollars a year. 

Our six hundred thousand ai'res of oyster ground has jiaid t<i the State treasury about fifty 
thousand dollars a year, and it has paid about ten thousand dollars a year to the school fund, 
while the Governoi' of Rhode Island reports tJiat his State will this year receive a revenue of over 
eleven thousand dollars from eleven hundred acres of oyster ground, none of which is so valu- 
able as that of om* State. On the same basis our revenue should be more than six million dol- 
lars a year. 

The intei-ests of the iieoplc of onr State, therefore, demand a (•om[)lete change in our oyster 
policy; but as your commissioners believe that hardsliijjs to a few should (Uitbalance benefit to 
many, we hesitate to recommend any sweeping change, ami we liave, therefore, attempted to 
devise a plan which shall open the way for improved methods, aiul shall also protect the rights 
of those who are now eugagiNl in the business, and shall pres(>rve the beds from complete 
destruction until a, new system sliall b(» gradually introdu(;ed. 

The statement that the public treasury of ISIaryland receives over fifty thousiuid dollars 
a year from the oyster grcmnds s(»ems, nt first, to imi)ly tliat the oyster industry contributes to 
the general expenses of our govf-rninent, luit more careful examination shows that this is not the 
case. The revenut; is not only vcuy much less than it should be, but the cost of collecting it is 
in excess of the receipts. In proof of this we refer to the following table of receipts and 
expenses from this source between 18 TS aiul 1SS3. 

It will be seen, from this table, that while the receipts for the past five years liave been the 
very considerable sum of !{<!-2lo,:',:',2 24, the expenses have been ?21 7, 75:1.07. or $7,420.83 more than 
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riic stutciiu'iits wiiicli \vi- have iiiadc above rc^a rdiiii,'' tJif profits of (•a]>ital iiuostcd in tlie 
oyster business liei'e and elsewiiei'e. ai'e liased upon coniputatious wliicli liave been made by 
]\li-. W. I'>. H(ii)son, tlie editor of the "Sea \\'<irld and Packers' -lonriial " of Jialthiiore. 

Ill lli(> issue of Noverul)er, 2"), issi', Mr. Hopsoii iii\es ta])les, chieflly coniiiiled from tlie 
Report of tlie I'. S. Census for Isso, to show tlie amount of (•a])ital invested in tlie business and 
the number and \alue' of the oysters, and he summarizes his conclusions in the following 
words : 

■'The Middle States liasc some .*!1,S71 ,(iiin of capital envl)arked in the fisheries, employ over 
lli,()(H» ]>ersons and return a, gross incouH- of nearly )S!i,0(M),(in(i. 

"The Southei-u Atlantic States have invested over Ss,0(»n,(iO(i of capital, employ 57,(100 per- 
sons and coll(>ct a gi-oss iurcnue of Si •,•")( 12, 00b. 

" It will be iiotieed that Avhili' the Southern fisheries have nearly twi(-e the capital invested 
and empl()\- t liree times as many iiersous as the Middle States, yet the income returned is only 
one-eighth more than that of tliiur Northern competitors. 

"The gross iu<-oine of the oystei- fisluu-y in the Middle States is 20 1 jier cent, of the invested 
capital, while in the Southern States it is only iM per cent. 

"To sum up this distressing exhibit, statistii'S show tliat one oyster from the Middle States 
is worth four from the Soiitli : that to get those four oysters, or one for that matter, the Southern 
fishery uses from two to three times as many men as thtdr neighliors and rivals; and that 
notwithstanding the immense yield of the Southern fishery, it pays not half so much in gross 
inconu' as that of the Aliddle States, and that out of this must come the wages of double the 
ninnber of emyloyees." 



CHAPTER IV. 



I'lIK CATSK OF llll". KXHAO-'lloN iiF llli; I'.ICliS. 

While the reason for the exhaustion of our beds is perfectly clear and siniple tlie greatest 
ii>norauce upon this point exists in the uiinds of our people. It is not essential that a i)atient 
sliould know the niiturc and cause of liis disease, but this knowledge is of the greatest import- 
ance to his ])hysician, and it is of eipial importance that the men wlio are called upon to legis- 
late for the ]ir<>servatioii of our oysters should clearly understand th(> true rt^ason for their 
destructi(ui. 

AVe stiile. then, in ca]>ital letters, that our beds ai-e in danger, 

T.i;(AusK 'r}iK i)i:,M ANi> HAS orroKowx tiik sui-rt.v. 

Tliere are only two ]>o.ssible remedies. Kitherwe must diminish the demand by killijig the 
packing industry which has created it, or we must increase by artificial means the natural 
supi)ly of oysters. 

Even if our natui-al beds could be restored and placed as they were twenty years ;igo, this 
would only delay for a few years their final exhaustion, for the demand is now far lieyond the 
natural prodiH'ti\'e powers of our waters, and it is growing greater every day. 

The daily papers for the last year have published, nearly every day, letters from oystermeu 
who believe that they can ])oint out the true remedy, and the proposed remedies are almost as 
numerous as the authors, and nearly all the letters give statements which, while they ar(> iierfectly 
true, are based upon such narrow experience that they are of little or no value as contributions 
to a broad comprehensive view of the problem. 

TIk^ lougmeu know that most of the oysters have been taken away by the dredgers, and they, 
therefore, advocate the iirohibition or restriction of dredging. Ignorant of the fact that in 
localities where no dredging has been allowed, the natural beds have been exhausted by tong- 
meu, just as soon as a denuind for the oysters sprung up, they believe that the prohibition of 
dredging is all that is needed to restore the beds. The dredgers, on the other hand, attribute 
the injury to the law which allows the toiigmen to take oysters for private use in the summer, 
forgetting that the beds of Connecticut are rapidly increasing in value under a law which allows 
not only tonging, but dredging as well all through the year. Tlie sniall dredgers and scrapers 
hold that the larger vessels are destroying the oysters by the use of lieavy dredges, although the 
Connecticut farmers find it to their interest to use on their own jirivate beds, far hefivier dredges 
Avliicli they drag over the beds by steam. 

Many of the oyster packers, Avho carry on their business only in the wint(>r, believe tliat all 
the damage; is due to the oystermen who fish in March, April and May, and men who have 
money invested in the oyster business in Maryland believe that the exportation of oysters in the 
shell, and especially oysters for planting in Northern waters, is the cause of the mishief. 

.Vll agree in throwing the blame on some one else, and all believe that some form of the 
business in which they are not intere.sted Is responsible for the present state of things and should 
be prohibited, bid as the oyster navy is a convenient scape-goat, all parties unite in tin-owing 
the blnun> upon the officers of the Fishery Force. 



:51 

('crtiiiii writers nttribulc tlic dcstriictidii of tltc oysters to disease, lil^e tlie jiioiis oysterineii 
•of WelKleet, on ('a])e < 'oil, who, after they had extenniuated theii' oysters by over-lisliiiii;-, hiid 
their loss iiiioii I'l'ovideiicc, whicli liad, thi^y said, punished tlieni lor tlieir sins liy inflictiu!;" a 
fatal dis«>ase M])on th(> innocent oysters. 

Sojne of Ilie e\i>laiia tions of the (lest ruction of the oysters come from iiei'sons \vlioha\(! 
enjoyed sucli oiipoi'tunities for oliservat ion and study of the subject tlial l)roadei- \ lews niiuht 
fairly l)e exjiecled from them. 

■{"Iius. to exiilain tlie disapi'earani'e of oysters from the New I'jin'hind coast, north of (_'ap(i 
( 'od, a well-known comdioloyist, I >r. ( tonld, says that lie does not IxdieA'c tliere were excr any 
oysters there, wliile a \t'ry eminent naturalist, I'rof. \'erri1l. holds that tlie (dimate of New 
j-aiLi-land has iinderLjone a clianL;e wilhin file last c(!ntnry or two, and tiiat it is now too cold for 
■oysters, although a few scattered oysters are found there still, and althoui;]i the\' are still 
abundant at some points on the mncdi colder coast of New r>runswi(d\, and althoua'h we hav(! 
the minute ai-connts whi(di the <'arly settlers ha\e uixcn ns of the ii'raduai destruction of their 
oysters as the iiopulation increased. 

M'e can luirdly l»e surprised tliat our ]ieo]ile should exhibit total ignorance of the true cause 
of the desti'uction when we recollecd that there is not a siimle word in any of the hiws of 
^laryland whi(di indicates that our le.u'islators ai-e aware that tlie sup]dy of oyst;-rs can l)e 
artificially iin-reased, or that there is need for any su(di increase. 

'rh(> contrast between tlie views u}ion.the oyster (juestion, which are now in-eva,lent aiuout;' 
oui' peo])le and t iiose wliiidi ciniie fi'oiii a liroad-minded consideratioii of the (piestion in all its 
ridations, can be illustrated l)ya.n exaini>le. 'Idie unci\ilized Indians ai'e able to sui)]ily all tlieir 
Avants from the natural resources of their hiintinii' grounds, but as i>oi)ulation increases, food 
yrows scarcer and hard to jirocnre. and it soon beconi(>s evident that the natural sujiply is not 
enough. The first imimlse. in such an emei-u'eucy, is to restrict the demand, by driving" away 
■or starving out the su]ierlluous i)oinilation ; and if saNage trilies wei-e able to enact and enforce 
laws, they would no doubt try to jireserve their game by laws restricting the (piantity to i)e 
killed, or by laws f(U'l)idding the use of im])i-oved ajipliances for ca[>tiiring it. 

Civilized races have long recognized the fact that the true remedy is not to limit the 
demand, but rather to inci'(Mse the snp]ily of food, l)y rearing domestic shee]> and cattle and 
poultry in i)lac(> of wild deer and buffaloes and turkey.s, and by iniltivating the ground instead 
of searidiing for tlie natui'al fruits and seeds of the forests and sw-anijis. 

Tt is not in a si)irit of harsh criticism, but in the hope tliat onr pi^ople may lie awakened 
to their own interest, tliat we imiiit out the similarity lietween the views of our p(;ople and 
their legislators and the opinions of savage races. We live in a highly civilized age. and if Ave 
fail to grasj) its spirit we shall go to the wall before the oyster cultivators of the ■Vortliern 
States, .just as snridy as the Indians have been exterminated by the whites. We cainiot r(>sist 
the progress of events, but we can control it if we will be wise in time. 

Two gentlemen, who are (jualilied by an extensive exjierience with our own fisheries and 
those of other States, have lately iiiil)lish(Hl their views upon the suljject. and these views foi-ni 
a, striking contrast to those wliich have. just been referred to. 

LiiMit. Francis AVinslow, United States Navy, is a well-known authoi'ity upon the oyster que.-- 
tion, as he has devoted several years to tlm study of oiii- beds and of all the various as])ects of 
the oyster industry in all parts oi' onr State, as well as in other States and in Eni'ope. 

He has recently published the following expression of an oiiinion, whiidi is identical wilh 
. ,,. one we have given above — that the demand lias outgnnvn the supply. 

He says: "Not only must the fecundity of the beds be jireserved, but the mark(>t siipjdy 
st also be kejit Up to the ])i'esent demand, if not actually increased : and is a cessatiini of 



di-i'du-iiiK likely to accoiuplisU tlir bittci- cud. wlicii at ]irrscnt tlu- va<t fleet of puugies and 
rauoes arc straining" every roi'e and windlass and openly violating every hiAv of two powerful 
States in ordi'r to find oysters in tlie required nianliers.' The truth is that the Chesapeake beds 
are no lonyer e(pial to the demands made upon them. Some jioliey must be ado])ted whi<'h will 
supplement the supply .^ranted by natnr<', or else ]inces will sui-ely rise." 

"No mere restriction of the fi.shiui,'- can ])ossibly acconiiilish the desired end. It may pre- 
vent the e.vtinction of the beds as they are now, though that is doubtful. It certainly will not 
relieve in the least the present condition of the market, \^'hat should be doii(> is to adopt a 
policy similar lit essiMitial features to that of ( "oiuiecticut. The fishery of that State is one of 
the few instances of recuperation on record. 1 know of many destroyed oyster fisheries and 1 
know of a few that have becni i-ebnilt, and 1 lind one cause common to all failures and as com- 
mon to all successes. In the first instance, the fishery lias l)een common pi-oiieriy, its pre?^er\a- 
tion everybody's business — that is, noljody's — and cousequentl\" it has not l)een ])resers"ed. In 
the second instance, the fishery has been conducted and owned by persons singly and together 
as private property; it has been this, that or the other man's business to see to its i)reservatiou; 
that is, it< preser\atiou has been everybody's business instead of uoliody's, and conseciuently it 
has been ])reserv(ul." 

•'Maryland cannot cscajx' the action of uni\i'rsal laws, and the sooner those interested in the 
matter recognize the fai-t, and that a man docs l)est by his own, whetlier it be a wheat or oyster 
fai-m, the sooner will a correct conclusion be i-eached regarding the oyster (|uestion."' 

- BaUinu.re i^ini. Der. ;',, iss;'.. FK.VNCIS WINSLOW, Lieut. IJ. S. N." 

.Mr. ^\'. 1"). Hopson, the editor of the " <s'i"« Wmhl." of l)altinn)re, is also familiar with tin- 
snlt.ject in all its vari(>d asjjects, and he has recently expressed the following oi)inion : 

" >Co\\'. as to the cause of depletion, we must find tliat the rapid growth of the business of 
oyster ])acking, facilitated by improved means of trans])ortation, is tlie cause, made possi1)le by 
theentii'c absence of pi-ojx'r laws or license to foster th(^ natural resources of the beds. Igno- 
rance and lociil iirejudice alone stand against this statement and take refuge in tlie e.vjiloded 
tlieory of ••over-fishing." Whether designedly or ignorantly, all wlio give study to the subject 
are in conflict with science, practical e.\i)erience and tlie most careful e.xaminations of, the lieds 
and mode of catching in the asserticni that " over-fisliiiig" depletes the beds npon any otlier 
])rincii)al than an annual increase of the oyster industry, and the absence of any cultivation to 
recuperate them. Scientific investigation has i)roveu thai what has fostered the industry in the 
waters of other States, and annually added to tiieir valiuN has, in the preseiu-e of a superior 
climate in our waters, a larger- [lossibility by thousands. MTiile, then, too many oysters are 
taken in winter because of the want of cultiv^ation to rejirodnce tlnnn, Ave look to such remedies 
as will arrest the deiiletion. Where els(> shall we look for ef1ici<'nt remedies if not to tliose 
sections where the most satisfactory and remunerative results have been obtaiin-d ? 'J"he 
natural sup]dy of oysters has l)een as great as it (ner will be, and jn'oving insnfTicieiit for the 
growing demand, the favorite tluiory of closing certain districts to dredging will not afford a 
desirable remedy. Oyster farming, which has been successfully pursued in northern Avaters, 
must now or hereafter be employed to bring about satisfactory results. Tliere is no contrary 
opinion which can stand against this ]iroved remedy. If the cpiestion of Avhat wasbest to do and 
what was jio.ssilde rested entirely iqxni the theories of men, thesim])le law of propagation -^vould 
be found at variance with the tlieory that the natural beds, in the condition that they now are, 
could reproduce commensurate Avith the continually groAving demand. When the minute study 
of the reproductive ijossibilities of tlie oyster, Avith the conditions necessary thereto, is backed 
by i^ractical and profitable experience, of Avliich we have so often furnished proof; Avlien facts 
of unquestionable success in cultivation are easily attainable it does seem for the salvation of 
the oyster indnstry a whole army of fool-killers Avere necessary in our midst," 



■s.] 

The emert^ency <'au be met by lejrislatioii to prohibit dredi;iiii4' and wholesale flshinii', and to 
drive the oyster bnsinessont of our State, but we fan liardly (conceive a li'reater misfortune to our 
people than this would be. Still if this were the only way to preserve our oysters we should be 
the iirst to i-eeominend it, and thus preserve for tlie people of our tide-water counties the supply 
of cheap food whi<di nature has placed within their reach; but fortunately this is not the only 
remedy, and it is quite possibles to increase our aimual supply of oysters many hundredfold. 

Tlie ignorance of our people regarding the means which must be employed for this i)urpose, 
and their prejudices upon the subject, are so great that this cannot be done immediately, and 
it is therefore necessary for us to do all that can be done to preserve our present resources and 
to Iveep our beds from complete destruction until our natui-al supply can be supplemented by 
artiflcial methods. 

We shall, therefore, divide the rest of our report into two parts, and we shall examine, first, 
wliat ca" he done under our present oyster policy to preserve our natural beds; and, secondly, 
we shall try to point out the way in which our supply can be increased. 



CHAPTER \. 

On the Means which are Necessari/ to Arrest the DestrurtioH of our Kafnrat heds. 

S?:cTioN 1. — On the Wanton or Unnkcessaky DEsrKUcnoN of Oysters and on the I'ltoTEfrrioN 
OF YouNf; Oysters and the Restoration of Oyster Shells to otr »\ AiEiis. 

One explanation which has been nrged to acconnt for tlie destruction of our oyster beds is 
the wanton or unnecessary destruction of young oysters. T^pon tlie pih>s of sliells which are 
thrown out from the packing liouses great numbers of young shells can often be found. They 
are, of course, dead, and as they are too small to be of any use, their destruction is a clear loss to 
our people It is impossible to prevent this from happening occasionally, as in many cases the 
little oysters are so small and so firmly fastened to tlie old one that they cannot be removed 
without destroying them, and even if the oystermen could be compelled to throw back into the 
beds any large oyster which has small ones fastened to it there is reason to doubt whether this 
would be advantageous, for one full-grown oyster, like a bird in the hand, is more valualilc^ than 
two small ones which may or may not grow u]> to maturity. We believe, however, that in cases 
where great mimbers of young are fastened to the large ones the use or destruction of them at 
the packing house should be discouraged. This difficulty will disap])ear witli the growth of 
the planting industry, for small oysters will then be valuable as seed, and they will pass into 
the hands of the planters instead of going to the packing houses. The true r. medy, therefore, 
is the encouragement of planting, and if our people would develop this business immediately all 
need for special legislation Avonld disappear. 

There is little hope tliat this will be done immediately, and the question whether the 
consumption or the destruction, by the packers, of immature oysters should not l)e prohibited 
by law presents itself for discussion. Your commissioners believe that such a, law should be 
passed, if any means of enforcing it can be provided, and we therefore recommend that if any 
dealer in oysters for food shall have in his possession any oysters so small that a bushel measure, 
as defined by law, will contain more tLan three hundred, he shall l)e made liable to a fine of §1 
for each bushel, and we also recommend that the commanding officers of each of the police 
steamers shall inspect the oysters at each of the packing houses in liis district, at least tw^ice in 
each season, for the enforcement of this law. 

The destruction of young oysters at the packing houses is trifling, however, compared with 
that which results from violations of the culling laws. When a dredge is brought up from 
an oyster bed it usually contains a few marketable oysters and great quantities of empty shells, 
which are often covered with young oysters. The law requires that these shells shall be throA ji 
back upon the beds where they are taken, under a penalty of three years' imprisonment ■ > 
three hundred dollars fine, or the forfeitm-e of the boat used, but the enactment of this law 
failed to remedy the evil. It is and always must be very difficult to enforce a culling law, ; 
as the captain of a dredging boat wishes to improv^e his time on the beds to the best advanta 
and to make the most of pleasant weather Avhile it lasts, it is, of course, to his interest to 
his boat as quickly as possible, and all hands are therefore so fully employed in catching o 
ters that there is no time to cull them. E^ven when a captain is disposed to (uiU on the beds !i.' 



.JO 

may 1)e cdnipelled, by stormy weather, to run for Jiarlior, and will then employ his crew in 
tMillini^ the oysters while lyin^- in harbor, 'i'he shells are then dumped overboard in heaps 
around Uio anehorage, and even if the bottom should by chance be favorable for the .tiTowtli of 
the oysters they are smothei-ed and killed under the heajis of shells. 

The only way in Avhich this can be i)revented is by making it to the interest of the tishernuiu 
to save rather than to destroy the snuill oysters, and this can be done by the encoiira,i,'ement of 
planting. There is enou,t;li suitable ground under our waters to rear to maturity all the seed 
oysters which the natural beds can yield, and tlie time is sure to come when it will not pay 
the fisherman to destroy those which cannot be sold to the ]iackers, and it will not be ne(;essary 
to legislate for their protection. 

The penalty for the violation of the present law is severe enough, and we do not recommend 
any new or additional jienalty. 

The aim of the culling law is twofold : lirst. to preserve tlie young oysters, and secondly to 
(•ompel the i-eturnof the dead .shells to the beds, that they may serve for the attachment of sjiat. 

The value of these shells for tliis purpose is not very great, as they a.re usually decayed and 
slimy and covered with sponge, but it is undoubtedly true that tlu>y are sufiiciently valuable to 
justify the culling law. The dry, clean shells which accumulate at the j lacking houses during 
the winter are far more valuable, and if these could l)e returned to the beds in the summer a 
great increase in fertility would certainly follow. 

The improvidence of the people of the United States in dealing with theii- oysters, so long 
as they were abundant, has l)een almost beyond belief. The early settlers found at their doors 
a supply which they regarded as inexhauf table, and they not only used them freely as food, but 
they also spread them upon their fields as manure, and poured them, alive, into their lime-kilns 
and iron furnat-es. in the Northern States the beds soon showed signs of e.xhaustion, and 
these practices were prohibited by law. 

New Jersey ena(-ted laws in 177"), in view of the fact that " A practice liath jirevailed of raking 
and gathering great quantities of oysters with intent to bui-n the same for lime only, whereby 
great waste is made, and tlu^ oysters beds thereby in danger of being entirely destroyed'" and 
prohibited this practice under heavy penalties, and in 1S47 the same State imposed a fine of 
$50 for gathering oystei-s to be used in the manufacture of iron. 

Mr. Earle, of the U. S. Fish Commission, states that no longer ago than 1S7!), the oysternien 
of Pamlico Sound, in summer, when the weather became too warm for them to .safely cany their 
oysters to market, were in the habit of catching "coon oysters" and carrying boat loads of them 
up the rivers to Uw farmers who purchased them foi- from ."! to 5 cents a bushel and used them 
for manure. 

In Maryland we have no geiuM-al law forltidding these pra("ticesj although there are se\era,l 
local laws, such as the law of 18()8, imposing a flue of $500 upon any one who takes oysters in 
Worcester county for the purpost^ of converting them into lime, and the law which imi70s(^s a 
fine of $10 upon any one who catches oysters for manure in Somerset cminty, or any person in 
said county who purchases oysters for manuring land from any person who shall have caught 
them in the waters of said county. The wording of the law s(Muns to have been designed to 
permit the residents of this county to purchase, outside the county, oysters to be used for 
manure, and therefore suggests that a State law may be necessary. 

We therefore recommend that a law be passed proliibiting, under a penalty of three years' 
imprisonment, for each offence, the taking, or sale, or use of oysters as manure;, or to be burned 
in lime kilns, or to be used in the manufacture of iron. 



36 



TIIK KKTURN OF SHKI,I.S lO THE HKDS. 



As it lias taken onr people nearly two hundred years to discover that we cannot afford to 
destroy oysters in this way, Ave can hardly expect them to perceive that clean, empty shells are 
also so valuable that their use for lime, &c., should be prohibited. 

( Jne of your commissioners called attention to the very t^-reat value of oyster shells in 1 879, in 
an appendix to the report of the Fish Commission, and showed that a great increase of fertility 
would follow th(^ I'fiturn of the shells to the waters of our bay. The history of the Connecticut 
oyster fisheiles for the last three years shows that if this advice had been followed our beds 
would not now be exhausted, and we therefore quote the passa,t;'e, from pngi' 29, of the 
" IJeport of tlie Commissioners of Fisheries of Maryland f(n" l.SSO," in which this advice was 
given, together with the r(>asons for it: 

" As the young oysters swim to and fro in the water they are carried to great distances by 
" the tides and ("urrents, and reach all ptarts of the region of water in which the parent bed is 
" situated. Tu a favorable year a floating plauk or bush, or piece of driftwood will be found to 
" become covered with small oysters whicli have fastened to it, although it may not be within 
" miles of any natural oyster bank. The fact that the young may be collected in this way in 
"any part of the Chesapeake bay shoAvs that the young oysters must settle doAvn upon the bottom 
"in nearly all parts of the bay. and Ave should expect the adults to ha\'e an equally general 
" distribution. 

" This is far from the case, and nothing Avould be farther from the truth than the idea that 
" the bottom of the Avaters of the oyster region is uniformly covered Avith oysters, and that it is- 
" only neces.sary to throAV a dredge overboard and drag it along the bottom for a short distance 
" in order to bring it up full. Nothing could be a greater mistake, for both in this country and 
" in Europe the oysters are restricted to i)arti("ular spots, " beds " or " banks," which are as Avell 
" defined and almost as sharply liniited as the trac'ts of Avoodland in a farming country. These 
" beds are so well marked that they (^an be laid doAvn on a chart or staked out Avith buoys, and 
"even in the best oyster regions they occupy such an inconsiderable part of the bottom that any 
"one ignorant of their position would have very little chance of finding oysters by promiscuous 
" dredging. Although the young are distributed every year, by tides and currents, to all parts of 
"the bottom, the dredge very seldom brings up even a single oyster outside the limits of the 
" beds. 

" The restriction of the oysters to certain points does not a,ppear to depmid upon the supi)ly 
"of food nor upon the character of the Avater, but almost (entirely upon the nature of the 
"bottom. The full-groAAni oyster is able to live and flourish in soft mud, as long as it is not 
" buried too deeply for the open end of the shell to reach above the mud, and draAV a constant 
" supply of water and food into the gills. The placing of adult oysters upon such bottoms at 
" convenient points, to "fatten" for the market, is a well-known practice. The oyster embryo. 
" would be engulfed and smothered at once if it should settle doAvn upon such a bottom, and in 
" order to have the least chance of survival and long life the young oyster must find some solid 
" substance to fasten itself to, in order to preserve it from sinking in the soft mud or from 
" being covered by shifting sand or gravel. As soon as the young oyster finds such a solid body, 
" rough and clean, it fastens one valve of its shell to it, by secreting a (-ementof shelly matter 
" around the growing edge. The living and dead shells of the adult oysters furnish the best 
" surfaces for the attachment of the young, and for this reason the points where oyster beds are 
" already established are those where the young have the most favorable surroundings and the 
" best show for life, and the beds thus tend to remain permanent and of substantially the same 
" size and shape. 



EXPLANATION OF PLATE ]. 

Fi(iUi!K ]. — An oyster shell ui on the inside of which about one hundred and fifty young 
oysters have fastened themselves. This is one from the lot of shells which were sold by Mr- 
Church, of Crisfield, from the jiile of shells at his packing house to an oyster farmer in Long 
Island Sound. Mr. Church visited the farm five weeks after the shells were shipped, and took 
up a number of the shells, and he states that the one whicli is here figured is a fair sample. 

FujuiiK 2. — An adult oyster, natural size, from iiird Bed, in Poromoke Sound. Copied from 
Winslow's "Report on the Oyster Beds of tlie Janu's 1-kiver, Va., and of Tangier and Pucomoke 
Sounds." 

FiGUKE 1. — A pipe, ujion the bowl of whicli six oysters have grown; from the Chesapeake 
Bay. 



REPORT MARYLAND OYSTER COMMISSION. 



PLATE I. 







■■■/ 


t 


» 




■ ^^F 




h 






/ '^- .^ 







'^■r 









4/^ V. 









^^lii*^ -J^ J:^^a5^^ 



/•Vi'«>-c 




• ^-r^ik^^pwrj-^^'^T^ ■=*'-;'.' 



"* 4 J 
















.^,^>. 



••\. 



-^.-^.r 



/■ igllr(• 



J■'ii;ure I. 



37 

'• At till' tiuK^ of attaclitneiit the shell of the yoiin.i; oyster is still very thin and delicate, 
"and the animal falls an easy victim to the nnmerous enemies which abound upon the oyster 
" beds, such as (n-abs of various sorts, carnivorous tcasti-opods and various fishes. Ii is not an 
" uncommon thintc for fifty or a hundred "spat" to attiicli themselves to one full-ijrowu shell. 
"Some of them are killed by enemies and others are crowded out, so that only a few t^row up at 
" the expense of the others, a-nd the numl)er whicli survive is astoiiishin<,^ly small. * * * * 

" It is well known that shell fish of all kinds thrive best where the supply of lime is 
■■ ,i,n'eatest. The fresh water mussels, which live in streams and ponds where the supply of lime 
" is scanty, urow .slowly, and their shells are so thin that they are very subject to accidents, and 
" their numl)ers are limited ; but in limestone regions the shells are large and heavy, and the 
" bottoms of the streams are almost paved with mussels, and it is well known to conchologists 
"that coral reefs and islands are the most favorable regions for tlii' abundant growth of nil kinds 
"of shelled molluses. 

"The dead oyster shell is soon corroded, and in a ftnv years entirely dissolved by the sea 
"water; and 1 think this fact is another reason why the young oysters thrive^ best on a natural 
" bed. 

" Flow far the suppl>' of oysttu-s is limitr-d by the supply of lim(> it is impossible to say; 
" l)ut when we recollect how iniptu'tnilt it is that the young oysters should soon find sold bodies 
"to fasten tliemselves to, and that they should protect themselves by strong shells of their 
"own as quickly as possible, it will be seen that the danger of exterminating a valuable bed 
" by over-dredging Avould be much less if the empty shells were replaced upon the beds." 

If this advice had been followed at the time it was given our oyster beds would now be 
nuKih more valuable, but no attention was paid to it, although the attention of our people has 
been recently attracted to the subject by the fact that within the last two years the Connecticut 
farmers have visited our jiackiug houses and have taken away ship loads of shells, which have, 
in many cases, Ijeen pni'chased at two or three cents a bushel, to l)e used in shelling the oyster 
farms of Long Island Sound. 

Your commissioners received this fall a number of oyster shells covered with young oysters 
and accompanied l)y a sw<u-n statement by Mr. Church, of Crisfield, Maryland, that he s(dd these 
shells in June, from the heaj) which had accuninlated at his packing house at Crisfield during 
the winter, to an oystcu- farmer who took them to Long Island Sound and scattered them upon 
his private farm. Mr. Church says in his hotter that he visited this farm about five weeks after 
the sliells were shipped, and that, taking some of them up at random, he found them covered 
with young oysters, and he states under oath that the shells which he sent us, some of which 
are copied in Figure 1, of Plate I, are some of those which he sold. 

The Commissioners of Shell Fisheries of the State of llhode Island, in their annual report 
for the year 1SS2, uiake the following statement tijion tliis subject : 

"The oyster shells, which have for years back been considered almost worthless, have, 
"within a slioi't time, become valuable to the oyster fisheries. It is a well-known fact tliat 
" large ((uantities of sliells are purchased here from the oyster business, and these shells, which 
" have, until a short time, been considered woi'thless, are now selling for from eight to ten cents 
" per bushel, to lie carried out of the State, (mostly to New Haven) for the ])urpose of planting 
" them in deep water in Long Island Sound to catch the oyster spawn and for the raising of oyster 
"seed. These shells are taken up at the expiration of two years, and, with the increase of 
" oysters adhering to them, are brought back to the same parties selling the shells in the first 
" instance, for the purpose of planting in our wat(!rs, ami tlie price paid for them is from forty 
" to fifty cents per bushel." 

Although your commissioners cannot forget that the statement l)y one of our members five 
years ago, that this is a matter of great importance, has been ])ass(Ml over in absolute silence, 



:}8 

and has attracted no attcntioii, we feel that the matter is worthy of one more effort, the more 
especially as the enteriirise of practical Connecticut oystermeii may have taught our people a 
lesson whi(di they would not learn from n scle id ific ainCi^'wi . We therefore recommend that such 
laws be passed as are ii(>cessary to compel the return of llu' sliells to the beds. The simplest 
way to do tiiis is to adojit the Couuecticut plan of ])rivate iarniiiiu-, and we may l)e sure that just 
so soon as the fruits of i)rivate enter[irise are secured to the cultivators, private interest will 
lead to the return of the shells to tin" water,as it has already done in Connecticut, in the meau- 
tim(> we Ixdieve tliat sonn-thinu' may be accomplished indirectly iiy tJie State. Oyster shells 
accumulate at the packinu- houses so rajiidly. that it is necessary for the packvrs to dispose of 
them in .some way, and tliey are used in y-reat (piantities for building roads, and wliarves, and in 
the liine kilns and iron furnaces. As they are much too valuable to our jieople to permit their 
vise in this way, Ave l)elieve that if the.se iiractices were forbidden by law, the packers would be 
com])elled to return them to the waters of our bay in order to u'et them off their hands. 

If, in addition to this, a law were jtassed forbidding.;- the (bimjiini,^ of shells anywhere except 
ui>ou desi,i;uated areas, where they would ])e us(>fid, we believe that our [mblic beds could be 
reshelled without e.\i)ens(> to the Ktate, and as it is perfectly j>ro|ier that the packers, who, by 
the demand which they have created for oysters to supply jieople outside our State, have caused 
the need for lei^'islation, should bear the e.\]iense of replenishiui;- the pnbli<- beds, we recom- 
mend tliat a law be jiassed to forbid tin- use of oyster shells in lime kilns, or in th(> manufacture 
of iron, or for road making, or wharf building, and that a law be passed retiniring the com- 
mander of eai^h ])oIice boat to designate spots in his district wlun-e shells may be deposited upon 
the bottom, ami that a law be passed directing that no shells shall be dei)osited in our waters 
from vessels at anchor, or from ve.ssels which are not under weigh, or at any spot excei)t those 
designated for tlie purj)ose by the officers of the oyster police, 

Skctio.n II. — Exi'our.\ rioN of Oystkus foi; l'i„\.NTiN(i. 

One of the causes to M'hich the destruction of our oyster beds is often attributed is the 
exportation of small oysters into other States. We have tried to gather information as to the 
extent to which this is practiced, but it is difficult to obtain exact statistics. Ingersoll gives a 
statement of the number of Southern oysters which were taken North for planting from the 
Chesapeake Bay in isso, but there is no way to tell how many of them were large, marketable 
oysters which wer(> planted in Northern waters for a short time while awaiting a market, and 
how many were small "seed " oysters which were placed ujion the planting ground to grow to 
maturity ; neither is it possible to decide with much accuracy wliat part of the whole number 
were taken from our own waters and how many from Virginia. 

Ingersoll states in his " Report on the Oyster Industry of the United States" that — 

(),()00 buslicls (il (Jhesiipcake oysters were planted aDiuuilly ;it Wellfleet, Mass. 

475,500 " '• " " " at Boston, Mass. 

40,000 '• " " " " al Salen\, .Mass. 

;i,00() " " " " " at Ncwburyport, Mass. 

5,000 ■' " " " " at Portsmouth, N. H. 

2,000 " " '• " " in otlier cities of New Hampshire. 

75,000 " " " " " at Pottland, Maine. 

7,000 " " " " " in Uuziiard's 3ay and Vineyard Sonnd. 

500,000 " " " " " in Narragansett Bay. 

05,000 " " " " '■ in Eastern Conn. 

450,000 •' " " " " at New Haven, Conn. 

175,000 '• '• ' '■ " in New York Bay. 

050,000 " " '• " " on West Shore of Delaware Bay. 

!»40,000 " " " " " in Delaware. 



Total.. 3,375,.500. 



This i)ractic(' has cxistt'd lor iiiauy years, and Chesapeake Bay oysters were taken to New 
York and to Xew Jersey for phmtiuK as lonjj ago as 1S2-"). In many phxces many more Southern 
oysters were ]»hiHted in former years than at ju-esent. (Jouhl states that 4(),()(K) bushels were 
used at Wellfleet. Mass.. in 1>!40 and 100,000 in IS.'iO. It is pro])able that for the twenty years 
immediately prereding- the Avar the town of W^'Ufleet planted on an average 50,000 bushels of 
C'hesapeak(> Bay oysters each year, or a million bushels in the twenty years, but during the war 
the business declined, and it is no longer centi-alized in tliis town, which in ISSO planted only 
(;,000 l)usliels. 

The exportation (.)f seed oysters I'roni the ('liesai>eake Bay for jilanting in Connecticut was 
(•ari'ied on ui>on a very extensive scale for more than fifty years, although it has practically 
ceased witliin the last ten years,and the Connecticut farmers are now able to sn]>ply all the seed 
wliich is needed in the State. 

IngersoU gives the following interesting account of the growth of this industry : 

'• It came about, that anuuig tlu! first i)laces in New England to import oysters from New 
Jersey, and then from N'irginia. to Ix- transplanted for additicmal growth, was Fair Haven; and 
it is probable that far mcn-e oysters were brought there from the Chesapeake twenty years, or 
even ten years ago, than now are. At that time a large tleet of Connecticut vessels was employed 
in this traffic every wiutei', and some stirring traditions remain of jierilons voyages during the 
icy season. They were better oysters that came in those days, also, than now. While a large 
majority of these cargoes were at once sent into the current of winter-trade, and distributed to 
customers all over the State (for no other harbor fattened " Ch(^sai)eak(>s " to any extent), a 
quarter or so of the whole season's iinp(n-tatlon was regularly l)eddiMl down, in .Vjii'il and May, 
to supply the sumnrer and fall demand. The favorite bedding-ground then, as now, was " The 
Beach," a sand spit running off into the harl)or for more than a mile from the Orange (western) 
shore. This is bare to a great extent at low tide, l)ut covered everywhere at high tide, and is 
the best jiossible place for its]>uriiose. The ground on this beach rents at from two to live cents 
a bushel, according to location. 'I'hose occupying the Beach each year — in I87il there were 2.'5 
in number — form themselves into a mutual protective association, and jirovide watchmen who 
never leave the ground. l''ormerly these watchmen lived in boats housed in, but now, upon 
opposite extremities of the Beach, j)iles luive been dri\ en and two houses have been built, where 
these men live, and whence they walk or row about day and night to guard the property. They 
go on duty at the time of the first idanting, and remain until the last oyster is gathered, a 
period usually about nine months long. Their wages are only ^40 a month, and it would seem 
to be an extrenudy tedious duty ; yet there is no lack of volunteers for the i)laces. But 1 have 
shot ahead of my subject, in following out this matter to its present status; let me return 
to a past period. 

" The Virginia trjide began about forty or fifty yeai's ago, Captain Merritt Karran having been 
the first man to bring them. His cargo was a sloop load of about tJOO bushels, profitably sold. 
The trade rapidly grew into immense proportions. Just when it was at its zenith it is hard to say — 
probably about thirty years ago — and it Avas then very profitable. The Fair Haven establish- 
ments had bran(;h-houses in all the inland cities, as far as Chicago and St. lyouis, and it was 
reported that the profits of a single house, from IS.j-j to 185(i, amounted to .?25,O00 a year. Levi 
Eowe ct Co., alone, in l.S5(), are said to have employed 20 vessels and 100 oi^eners, and to 
have sold 150,000 gallons of oysters, while companion-houses shipped from 1,000 to l,oOO 
laushels per day throughout the season. In I.SoT-'-kS, according to De Broca, from 200 to 2oO 
schooners were employed in supplying the establishments in Connecticut from the Chesapeake 
and Fair Haven, Avhich alone, he says, made use of 2,000,000 bushels, but this undoubtedly was 
a large exaggeration ; one-half of that would certainly more than cover the facts. Half a dozen 
years later, when He Broca wrote, the decline was very perceptible." 



40 

" De Broca's Dt>tRii'Tii)N OF Nkw Havkn I.N 1S02. — Some extracts from Lieutenant De Broca's 
report, made in 18G2, to the French government, upon the oyster-industries of the T'nited States, 
and reprinted in the first report of the United States Fisli Commission, will present interesting, 
if not wholly trustworthy, reminiscences of New Haven at that time, where JJeut. De Broca is 
well remembered. This writer says : 

•' New Haven, the capital of Connecticut, ranks next to Boston in importance, in the oyster- 
trade. The business is divided into two distinct branches, the culture of oysters and the various 
occupations connected with their tran.sportation to the towns of the interior. 

"Thei)rincipal plantations are situated in the bay. Commencing at a short distance from 
the head of the great pier, they extend over a distance of about three miles, almost without in- 
terruption ; on the one hand to the southern part of the sandy point, and on the other to Morris 
creek, always leaving free the channels of navigation leading to the harbor. 

"The maritime ground on which they are established is partiiilly exposed at low tide. In 
some cases. how(>vt>r, the plantations are constantly submerged, and are at a depth varying from 
1 to 6 feet, when the water is lowest. The soil is formed of sand and mud, mingled with sea- 
weed, and the stratum of mud, ujwn which the oysters rest, is about three inches thick. 

•'The spectacle presented on entering the harbor is most curious. As far as the eye can see, 
the bay is covered with myriads of branches, waving in the wind, or swayed by the force of the 
currents. It looks as if a forest were submerged, the tops of the trees only rising above the 
surface of the water. 

•'At certain distances on the idantations, large boats are anchored or moored to posts, having 
a small hotise built upon them for the accommodation of tlie men appointed to watch the 
grounds. They are four in number. I'he wages of these guardians of the property amount to 
about §30 a month, and are paid by the association of planters. This system of surveillance is 
indispensable, since most of the plantations are at a distance from the harbor, and might be 
invaded with impunity, especially at night. 

■•About five hundred men are employed in planting oysters in the spring, and in gathering 
them in the proper season to supply the necessities of commerce. 

•' The New Haven banks have a very high reputation, and the number of bushels planted 
annually is estimated at -250,000." 

•• The Chesapeake oysters brought into this locality in 1879 amounted to about 4-50,000 bushels. 
Those from the Rappahannock are the favorites for winter use, and are imported almost exclu- 
sively, for ])lanting purposes; however, Rappahannock oysters are undesirable, and those from 
Fishing Bay. .St. Clary's andCrisfield, are preferred. But this may be wholly changed in a year 
or two. 

•' Freights vary with the vessel and the season, from 10 to IS cents. It is estimated that 3 
cents will plant the oysters, which makes their cost from 22 to "28 cents a bushel. The selling 
price will average at least 75 cents, and probably more." 

Within the last tliree years the growth of the oyster farming industry in Connecticut has 
caused a very great reduction in the demand for Southern oysters, as the farms of this State are 
now able to supply the local planters, as well as those of Rhode Island and Massachusetts. The 
Connecticut farms have this year furnished " seed " oysters for exportation to Europe and 
the Pacific Coast, and quantities have been sold in New York, also. It is not probable that the 
total exportation of oysters for planting from the waters of Maryland will this year exceed a 
million bushels, and the demand from New York and Rhode Island will probable continue to 
diminish from year to year, as the supply from the Connecticut farms increases, but even a 
million bushels is a tenth of our total crop, and there can be no dotibt that the demand which 
has overtaxed our beds and led to their destruction, has been materially increased by the ex- 



E\ PLANA TK^X OF TLA TF. IT. 

Fi(4tiRE 1. — A group of oysters attached to a i)ioce of M-ood ; from Coste's Eeport on tlie 
Oyster and Mussel Industries of France and Italy. A, Oysters from twelve to fourteen montlis 
old; B, oysters from five to six months old; C, oysters from three to six months old; D, oysters 
from one to two months old ; E, oysters from fifteen to twenty days old. 

In our own waters oysters grow much more rapidly, and in the warm sounds of Xorth 
Carolina an oyster may reach the size of those shown at A in less than tliree months. 

Fkjure 2. — A Oardium shell covered with young oysters; natural size; from Coste's Report. 

(Wf ail' ii)(li-btcd to Spencer K. B;ur(l. Sii]iiriiitfn<1eut U. S. V\>h Cuiimii^fiun, IVir tLe un- of tbese figures.) 



REPORT MAHYI.AiNI) OYSTER COMMISSION. 



PLATE IT. 




ui.jk 



m- 



^^ 






FKiURE 2. 



41 

portatiou of oysters for planting, and the question whether this ])ra<'tice should not he dis- 
couraged is therefore a proper one for discussion. 

At present the chief demand for seed oysters comes from Delaware, and I accordingly 
quote in full ingersoll"s statement of tlie magnitude of the suiiply used l)y the planters of this 
State : 

"I'r.ANTiNo Soi:rHKi;N Oystkks IN J »i:i,A wAiiK I'.AY. — There remains now to be considered the 
great busin(>ss of transjilanting and maturing Southern oysters in the waters off this shore. 
Though this stock is chiefly owned in I'hiladelphia and operated by Pennsylvania, yet its 
considei'ation belongs ])ro]>er]y here, since the beds are M'holly in Delaware's waters. 

"The statistics I give in resjiect to this, was furnished me clii(^fly by i\Tr. J. C. Cleaver, 
collector of tlie Chesapeake and Deln ware Canal Cnmpanyat Chesajieake City, Maryland, and 
refer to the last half of lS7!t and the hrst month of IS.SO. completing an 'oyster season.' 

"All the Southern oysters wliich are brought to Delaware bay or to Philadelphia, bt)th for 
planting and for immediate consimiption, come through tins canal, Avhicli leads from the 
Chesapeake. There may possibly be half a dozen outside trips nuide (all from Chincoteague 
island), in the course of the year, but this is J) small exception. 

" The vessels, as a rule, engaged in this traffic are ' wood-droggers,' sclioonersof light draught 
and able to carry from .500 to l/>Oi) bushels. During the planting season they will average about 
1,300 bushels per load, l)ut when running direct to market, in winter, carry only!»0(i bushels, the 
difference arising largely from an absence of any deck-load in the latter case. 'I'hc number of 
schooners thus used varies from year to year ; but the number of tri])s during the season reported 
upon by Mr. Cleaver, was SIJS. At §1100 a trip, charter-pay, these schooners earned that year, 
therefore, $86,800. Sometimes an even §100 is given to make the tri]i. and sometimes a rate of 
about $10 a day is paid, but it amounts substantially to the same thing. In addition, the 
charterer pays the canal expenses, consisting of entrance toll, towage, and dues of 85 cents a ton 
on cargo, amounting in all to about $")0. The canal thus receives an annual revenue from this 
source of about $4,:>40. 

"The schooners range in value from .?1,00U to $(;,00(). 'i'he owners pay the captain of sin^h 
a schooner, who must know all the little creeks and oyster-buying nooks along tin; whole 
Chesapeake coast, and be a capable man at a bargain for his employers, about |50 a month. 
The men in tlie crews get $2-"). The ]irovisions sniiidied by tlie ownei's an^ said to be abundant 
and of good quality. 

" Among this fleet are about twenty-flve " role captains," who own their vessels entirely, 
hire their own crew, get cargoes from the South with their own money, and ])lant on 
beds claimed and prepared bv themselves. Attending to their ])lantations personally, they 
bring their cargoes to the market in the fall in their own schooners or sloops, and leave them to 
be sold there on commission. They were thus both planters and carriers. 

"During the fall and winter months most, if not all, of the vessels go directly to the 
Philadelphia market, and their cargoes enter into the immediate consumption of the citv. 
Sales are made from the hull of the schooner, without unloading into a warehouse. The 
numper of trips made for this direct market consumption, makes only about one-fourth of the 
total recorded as passing througli the canal. Three-fourths of the oysters brought out of the 
Chesapeake are intended to be planted, and find tliiMr destination in the beds along the western 
shore of the bay. The large dimensions of these receipts ai)])ear in the succeeding table from 
the Canal Company's books : 



42 

•Record of Oysters in Shell wJilch Passed Through ihe Chesapeake Canal in 1879-'80." 





During Months — 


From Virginia 
waters 

31,080 
7,740 


From Maryland 
waters. 


Total. 


Number of oys- 
ter vessels. 


May 

June 

July 


1879. 



126,720 
30,900 


158.400 
38,700 


176 
43 

None. 












RpntciTibpr 


1,080 

3.780 

10,260 

10,800 

8,280 

11,340 

36,400 

160,400 


4,320 
15,120 
41,040 
43 200 

33,120 

45,300 

145,000 

166,400 




5,400 
18 900 
51.300 
54,000 

41,400 

56,700 
183.000 
332,800 


6 


October 

Novpnil)pr ... , 


21 

57 


December 


1880. 


60 
46 




63 


March 


140 


April 




256 




287,760 


651,840 


939,600 


868 




From— 






T?i, .1 „f , i For Pliiladelpliia 
For planting. ^^^^^^ ^^j^^^. _^^^^l.^^^^ 






488,880 
215.820 


162 960 


Virginia waters 








71,940 



'' The planting of this 7()(),()(J() and more bushels of Chesapeake .seed is not attended with 
any features greatly ditt'erent from the same industry and investment at Fairhaven or Staten 
Island. When a load of oysters for planting arrives from the South the owner of the cargo 
sends on board the vessel all the men he has, and the schooner then sails back and forth 
around and over the designated ground. .The effort in loading is to have as much as possible of 
the cargo on deck. It is an easy matter, then, as the vessel proceeds, to shovel overboard; and 
as she is constantly changing her ])osition, and the men shovel uninterruptedly until the whole 
load is overboard, the oysters are pretty evenly distributed. An ordinary crew of five will 
thus unload 400 bushels in an hour for five or six hours in succession. Adding this expense to 
his first cost and charges, a planter, who puts down large quantities, expects the cost of his 
various lots of oysters, bi,g and little together, will average about 25 cents a bushel. 

" These Chesapeake oysters, it is scarcely necessary to say, are left down until the succeeding 
fall before being taken up for market. They have then grown into larger and fuller propor- 
tions, and have assumed a far better flavor than they originally possessed. Sometimes accident 
or circumstances will cause a bed, or a portion of it, to be saved through the winter and not 
harvested until the second fall ; but this is rare, very risky, and not attended by a large increase 
of profits. Making a recapitulation of the Western Shore produce I derive the succeeding- 
particulars : 



■ Statistical Recapitulation for Western Shore of Delaware Bat/ for 1879 ; 



500 
3,000 
40' 
625 

' Earnings and board $117,000 

" Number of men partially employed 400 

" Earnings of same $30,000 

" Number of trips made after Southern seed, about 620 



" Extent of natural " oyster- rock" acres. . 

" Extent of cultivated ground, about acres. . 

" Number of planters, not counted elsewhere 

" Number of men employed, about. 



43 



Sfatt.slira/ liecapifiilatloii — ( 'oiitinued. 

" Freight earned by same |03,000 

" Canal charges on same f31,()(lf) 

" Southern seed planted Imsliels. . 704,700 

" Cost of same, about , $17(),17r) 

" Northern seed planted • Imshcls.. 1^70,000 

" Cost of same, about fl'iO.OOO 

" Southern oysters sold annnally bushels . . (i.lO.OoO 

" "Value of same 1500,01)0 

" Northern oysters sold annually bushels. . 300,000 

" Value of same 8025,000 

Through the kindness of A[r. T. J. Cleaver, the eoUector of tlie (Jliesapeake and Delaware 
Canal Company, 1 am al)le to add to the table which I have (jnoted aliove fmm liiLcersoH's 
report the follo's'inij;- letter and table ret;-ardin.n- tlie nnniber of bushels of oysters shipped 
through the eanal in eni-li month of iss], ISS'J and ISS.I: 

•' CuKsAi'ioAKK City. Mil, Decemlier 14th, 18.S;5. 
" W. K. BnooKS, !*>(;. : 

"Deau Sii; — Herewilh plea.'^e find the number of buHlieh of oi/sters fair iii/j passed through 
''the Chesapeake and Delaware Canal from. January \st, issi to Deeeniher \Wi, lss;j. 

"In clearing oi/ster hoats at laij office we alwai/s make our entries as coming from Chesa- 
''peake Bay, as It Is a matter (f no Importance to us whether they come from Maryland or 
" Virginia waters. Indeed, It wotdd be almost impossible to get this information from the 
" captains if we desired it. They are a very suspicious set of men, and if we were to a.sk this 
" question of them tliey uould think we were trying to get tliem in a trap, and tJieref ore give 
" evasive or incorrect answers. 

"■'Perhaps it would, not be much out of the way, hower,er, to say one-half from Maryland 
" and one-half froin Virginia. 

" Very respectfully. 

'• T. J. CLEAVER, 

" f'uffo'tor Cfiiaaixitk'' unit Ddao'ttre Canal To." 

Number of Bushels of Oy.'iters l/aiung Passed Tlirough the Chesapeake and Delaware Canal 
from Chesapeake Bay from January 1st, 1S8], to December IWl. is<s:l 



Month. Bushels. 

January None. 

February ' 4,450 

March 40,875 

April 143,575 

May 240,575 

June 13,500 

July None. 

August I None. 

September 400 

October , 7,460 

November 13,400 

December ; 13,150 

485,385 



, 1882 

Month. , Bushels. 

January [ 10,500 

February i 30,550 

Vlarch ; 199,3.50 

April I 291 500 

May 95,100 

June ■ ■ .... None. 

July None. 

August None. 

September i None. 

October 4,550 

November i 11.050 

December 7.600 



e.50,100 



1883- 

Month. 

.January 

February 

March 

AprU 

May 

.lime 

.July 

August 

■*e]>tember 

October 

November 

December 



Bushels. 



5 (150 
10.713 
43,500 

201.770 

210.300 

3,030 

None. 

None. 

Ni.ne. 

1,900 

6 550 
3,335 



552,337 



44 

In discussing this siil)ject we must bear in mind the fact that northern fishermen or boats 
are not aUowed to catch oysters in our waters, and that the industry contributes to our State 
Treasury, and gives employment to our people, for all the oyst(n-s whicli are exported for plant- 
ing must be purchased from our licensed fishermen. 

Any i)erson who lawfully owns oysters, clearly has the riglit to dispose of them in the best 
market, and nothing can be done directly to prevent our oystermen from selling to northern 
planters when it Is to their interest to do so. 

So far as the exported oysters are mature and marketable for food, it is ol)viously to our 
interest to encourage the business, which is perfectly legitimate. 

The only ground upon wliicli the jmicticc can be objected ti^ is that it leads to the sale by 
our people of oysters which would be much nu)n' valuable to them if tliey could lie kejit in our 
own waters until they reached maturity. 

If the beds were sufficiently ]irolific to supply this demand for northern seed without injury, 
the exportation of seed should lie encouraged, but our beds are overta.xed far beyond their ])i-o- 
ductive power, and tlie practice .should therefore be discouraged, for the present at least. 

In another part of ourrei)ort we show that oysters wliicli cost the Delaware planters twenty- 
five cents per bushel, are resold in a few months for eighty cents per bushel, and many of them 
are bought by Maryland packers. The policy of allowing our impoverished beds to enrich 
the citizens of another State is an unwise one, but it is proper to point out the fact that there 
is no reason why our own people should not themselves have this j^rofit of 55 cents a bushel. 

It must be obvious to every one that the true remedy is to encourage ])lanting in our own 
waters. We have vastly more land suitable for the jmrpose than the State of Delaware, and as our 
own planters are on tlie ground they Mould have no canal fees or transportation to pay, and they 
could, if they chose, secure all these oysters for their own use, and gain th(» profit which now goes 
elsewhere. The development of tlie Marylaiul planting industry is, therefore, the true remedy 
for the evil. But as this cannot be effected immediately, and as our beds are not now in a con- 
dition to furnish seed for other States, your commissioners believe that the exportation of seed 
should be checked by legislation for at least two years. Our legislature has no power to restrict 
commerce between States, and we therefore call attention to the fact that the table given above 
shows that most of the oysters for planting are exported in April, May and June, and that the 
closure of our beds during these montlis would restrict exportation, and would for a year or two 
do no harm to the interests of our own people. We therefore recommend that for two years our 
beds be closed on April 1st. 

Small oysters, suital)le for planting, are more abmidant in the fall than they are in the 
spring, and our own planters can at that time procure their seed, although we believe that as 
soon as a planting industry grows up in our State the public beds should be opened in the 
spring and summer. 

Section III. — A Discussion of the Pkoposition to Prohibit DuEixiiNo and an Ex.v^ri.vATioN ok 
THE Be.st Method of Pkotixtino .\nd REfnn,ATi\G the Tonoixg and Plantino I.vdustries. 

The favorite remedy for the difficulty, at least among those fishermen who are not dredgers, 
is the prohibition of dredging. Every one knows that our beds are deteriorating because they 
are excessively fished, and every one knows, too, that most of this fishing has l)een done by 
dredgers. It is therefore natural to conclude that since the dredgers have done the damage 
the prohibition of dredging will cure the mischief, but this is by no means true. The great 
demand for oysters, which has come from the growth of the packing industry, has been supplied 
by dredgers, because the dredge is more effective and economical than the oyster tongs, but if 



dredges had iKit l)eeii iiivciiti'd tlic demand Mould still liav(> been siiiiiilicd liy the mucli more 
expensive and lalH)i'ious inethdd of toiiy-ing-, and tlie pioliibition of dred.yin.o- now would simply 
cause an iucivasc in the nnmber of touo-nien. The beds in de(>p water would escape, but 
they would tlien be, ]il\(> many of the deej) water beds of A'iriiinia, of uo use to any one 
except itirates, and all the beds Avhich could be reached by tonics would be as badly off as ever. 

Tu order to show that tliis is the <-ase, aiul that where no dred.u'es are used the excessive 
working- of the l)eds with tougs soon causes their destruction, we will here note a number of 
cases where beds have been exterminated with tongs alone. 

Tn IS74 tlie officers of the Tuited States (!oast Snrvey found a number of tine beds of 
valuable oysters near Tortsnumth, New Hampshire. Many fine beds were found in this region 
by the earlier settlers, but they were destroyed so long ago that none of the natives had any 
knowledge of oyster-fishing or any instruments for taking the oysters; but it happened tliat an 
old oysterman from the Chesapeake Bay was liAing near by, and he sent to Providence for 
oyster tongs and began tonging upon the newly discovered beds. His example was imitated 
so effectively that in five years the l)eds were exhausted and ceased to be productive. 

In the early days of the colony of Rhode Island oysters were found there in great 
abundance. 

No dredging has been allowed in this State for more than one hundred years, or since 
October, ITlil], at which date the taking of oysters by drags or otherwise than by tongs was 
forbidden under a penalty of ten pounds for each offence, but the Rhode Island beds are now 
almost completely exhausted. They yield no marketable oysters, and the only place where seed 
oysters for phinting can be jirocured in any considerable quantity is a, space of about five miles 
al)ove the Seekonk River, and the preservation of this bed is due to tlie fact that the oysters 
are liright green and are not marketable. Rhode Island has a great and profitable planting 
industry, but the seed oysters which are used for planting are purchased outside the State. 

As no dredging has be(>n permitted upon these beds for so long a time the dearth of oysters 
in waters wliere they formei-ly abounded is certainly diu> to persistent raking and tonging. 

Tngersoll tells us that from the earliest times the Ixn-ders of the (iuine]iiac River, nearXew 
Haven, Coiniecticut, have been the scene of oyster operations. Tlie <>arliest settlers found on its 
shores great moiuids of oyster shells, which showed that the Indians had resorted to its beds, 
season after season, for an unknown period. The first white fisherman found natural beds 
scattered over the bottom of the whole river, as well as in favorable areas along the eastern 
shore of the harbor. .\11 of tlie beds were easy of access, and the result was that the raking 
of oysters was soon adopted as a business by many persons who lived neartlu; water, and a con- 
siderable retail peddling trade was thus kept up throughout the neighborhood, in addition to the 
home supply. Wagon loads of opened oysters traveled in winter to the interior towns, even as 
far as Albany, and thence westward by canal. 

These beds continued to supply fine oysters for all the inhabitants of the surrounding 
country for many years, but they have long been wortliless as asujiply of food, although they 
still yield small oysters which are used as " seed " for ])lanting. 'i'he beds were exhausted by 
tongs, and it is interesting to note that nearly all of the oysters were removed in a single day in 
each year. After the beds were closed by law until N(ivember 1st, great crowds assembled on 
the banks of the river, on the last night of October, and at the striking of midnight by the town 
clock, began an attack which cleaned the beds of most of tlieir marketable oysters before the 
end of the day, and a few years of this fishing resulted in tlie capture of all marketable oysters. 

Upon the coast of New England, north of Cape Cod, and upon the coast of New Brunswick, 
oysters of gigantic size and fine flavor were formerly abundant, but they have been so completely 
exterminated by tongs, that a well-known Boston naturalist, Dr. Gould, doubted whether there 



4(5 

ever had been any native oyyters in this I'otflon, notAvitlistandinK the fact that all the early 
writers spoke of their abnndance. Many of these beds were destroyed by the Indians, and 
others by the early settlers, while a few have survived down to qnite recent times, like those 
near Portsmouth, of which we have just spoken. 

In^ersoll states that in the early days of our history it was not uncommon for a man to 
rake up a sleigh load of oysters throuu'h the ice in a single a,ft(n'noon at Shediac, New Bruns- 
wick. Twenty-five or thirty years ago these beds yielded 1,<I()0 barrels a year, and now two 
persons gain a scanty living upon them, and obtain between them about 200 bushels a year. 

Ingersoll gives the following instructive account of the extermination within the last few 
years of another valuable and jirolific ])ed upon the Xevr lirunswick coast, by rakes and tongs 

alone -. 

In 1S7G a fisherman says that in two weeks over 4,000 bairels of oysters were taken away 
from the beds at Retlamin, in New Brunswick, by ships and schooners which brouglit their cargoes 
from the small raking boats upon the beds. At this time the oysters were distributed every- 
where over the harbor so thickly that every square foot seemed to be occupied, and the l)eds 
swarmed with small boats, eacli operated by two men. l^'onr years later, in 1880, the oysters 
were almost exterminated. 

Old men still remember Avhen ricli Iteds were to be fonnd in Hillsborough bay, in New 
Brunswick. The oysters wei-e so abundant that they seemed inexhaustable, and a tonging Ijoat 
could take eight bushels an hour. They have been almost entirely destroyed by tongs alone, 
and they now yield only a few bushels a year. 

All along this coast, north of Cape Cod, the most prominent fact in relation to the oysters 
is their former abundance in comparison with their present extinction. Most of tlie beds were 
destroyed by tlu^ Indians or by the early settlers before dredges or any improved means of taking 
the oysters were introduced, and we know that the destruction of the few which have persisted 
within modern times have been destroyed l)y tongs and rakes alone. 

At Damariscotta bay, on the coast of Maine, there have been no oysters for many years, 
althougli the great mounds of oyster sliells along the shore bear witness that the Indians here 
found an abundant supply, and they almost destroyed the beds, although there is reason to 
believe that the first white settlers found that a few oysters still remained. 

The early settlers of New England continually refer to the abundance of oysters at points 
wlun-e not a single oyster can now be found. In 16:i4 William Wood, in a work on New England, 
speaks of a great oyster bank in the Charles river, near Boston, and another in the Mystic river 
each of such size as to obstruct navigation. Tlie oysters were the long, slender "coon" oysters, 
which are still to be found in our own waters on undisturbed natural beds. Of their size and 
form he says : "They be great oin^s in form of a shoe-horne; some be a foot long. These breed 
on certain banks that are bare every spring-tide. This fish, without shell, is so big that it must 
admit of a division before you can well get it into your mouth." The oyster beds in these two 
rivers are spoken of by many of the early writers, but they are now gone so completely that 
there is not even a tradition to mark the place where in 1634, according to Wood, "the oyster 
bankes do barre out the bigger ships." 

In 1637, Thomas Morton writing of the Plymouth Colony, says: "There are great stores of 
oysters in the entrances of all rivers ; they are not round as those of England, but excellent, fat 
and all good. I have seen an oyster bank a mile at length." 

Native oysters were abundant at Wellfleet, on Cape Cod, at the time of the first white 
settlements, and for more than a hundred years the town was famous for its oysters, but they 
became extinct iii 1775, through excessive tonging, although the pious inhabitants attributed 
their de.struction, not to their own rapacity, but to a disease sent by Providence upon the 



47 

oysters, as a puiiisliiiK'nt for the sins of the fishennen, wlio certainly were more wortliy of siicli 
an infliction than the helpless oysters. 

In all of these cases, the; exhanstion of the beds has been broni.'ht about almost or entirely 
without the use of dredges, althouu'h in a few cases dredyes uiay have been used to a slight extent. 

The list might l>e gi'catly extended won' it not for tli(» fact that ujion all the more southerly 
beds dredges as well as tongs have been used. 

Enough instances have been given to shmv tliat the prohihitiini of di-edging will not save 
any bed whicli can l)e reached with tonus, and as tlie dredge is a much more scientific, effective, 
and economical apparatus than tlie rude tongs which it has sujierseded, thei'e does not seem to 
be any reason why its use should I)e i)i'(diibited. 

The use of labor-saving machinery is always opposed by the advocates of the old methods, 
and the destruction of the dredging business would undoubtedly hel]) the tongmen, hut as it 
would not save the oysters or l)enetit the community at large, the rights of the (U-edgers should 
receive as mu('h recognition as the rights of the tongmen. 

Tn one way the use of dredges is a positive advantage to the beds. On a natural and 
unworked bed the oysters grow side by side in clusters, so crowded together that none have 
room for perfect growth, and they become very long and slendcn'. These long, narrow oysters, 
wliich ai'e known as " coon oysters," are of little comnu'rcial value, although they soon widen 
and become valuable after they are broken apart. Un a natural bed the oysters are often over- 
grown with spong(>s, as is slunvn in Plates lit and lY. which are copied from Lieut. Winslow's 
"Report on the James River, Va., and of 'i'aiigier and Tocomoke Souiuls." The dead shells 
which are found on an unworked lied are usually so covered with sponge, slime and other sub- 
stances that they furnish no clean surface for the attachment of sjiat, ami as dredging tends to 
turn up clean shells, to break up and scatter the clusters, and to tear away the sponges and 
other foreign bodies, it is a positive benefit to tlie beds. 

The folloAving statement by a Virginia oflicial contains a correct ac-ount of some of the 
benefits of dredging: 

"In a report u])on the ' oyster beds of the Chesapeake Bay,' nnide in J.S72 by Mr. (). A. 
Brown to the auditor of pnldic accounts of Virginia, it is said that 'the dredging of oysters is 
as necessary to their development and i)roi)agation as i)lowing is to the growth of corn; the 
teeth of the dredge take hold of the rank growth of tlie oystei- l)eds. and, by being dragged 
through them, loosen them (which is done by hand in France in the management of their 
oyster parks), and give them room to grow and mature jn-operly ; moreover, beds are continually 
increased in size, for when the vessel runs otf the rock with the chain-bags filled with oysters 
the oysters are dragged off on ground where no oysters existed, ami thus the beds are extended, 
and when the vessel is wearing or tacking to get 1)ack on the oyster beds the catch just taken 
up is being culled off, the callings thrown overboard to form new cultch for drifting .spat to 
adhere to. Reliable oystermen tell me that since dredging has been (tarried on in Tangier and 
Pocomoke the beds have more than doubled in size, and with the moderate force that worked 
upon them jirior to the war were continually improving. During the war the waters were 
thrown open to evi^ry one who W(nild pay the military officials for a p(>rmit to oyster; the con- 
sequence was that the oyster beds were scrajied bare, and it M'as two years before they could 
recuperate.' " 

Many persons who do not advocate the total in-ohibition of dredging, l)elieve that the size 
of the dredging boat*^ and the size and Aveight of the dredges should l)e restricted by law. They 
give two reasons Avhy the size of the boat should be restricted, urging that the large boats are 
able to work upon the beds Avhen the police boats cannot venture out, and that their size permits 
them to use very large dredges, and thus catch great quantities of oysters. 



4.S 

The police boats are mifit for service in roiiuli weatlier, Init that does not seem to be a snffi- 
cient reason for rendering- tin' dredgini;- boats nnsea worthy also, but rather for constructing- better 
police boats. 

It is asserted tliat the nse of large dredges causes much evil, as they ruin the beds by 
crusliing or smothering, or burying in the mud more oysters than they capture ; l^it the private 
farmers of Connecticut find it to their advantage to use much heavier dredges, and their farms 
improve under this treatment, although very heavy dredges are hauled by steam over the beds, 
even in the spawning season. 

After carefully considering the subject your commissioners believe that the i)rohibition of 
dredging would not be any help to the beds, and that the interest of our whole people demands 
that our oysters shall be takcMi as cheaply and effectively as possible, and that the nse of labor- 
saving appliances and improved modern methods shall be encouraged. They therefore approve 
the removal of all artificial restrictions upon tlie manner of taking oysters. 

We recommend that dredging be prohibited njion the public beds in the Potomac River and 
in Pocomoke Sound, but this recommendation is made as a political necessity, as tlu> State of 
Maryland has no power to prevent illegal dredging in these waters, while she has the power to 
prohibit all dredging. 

We do not believe that this measui-e is desirable in itself, but it is the only measure whicli 
it is in our power to adopt. 

If the prosperity of the natural beds were the only thing to be considered,we should, for the 
reasons which we liave just given, favor the opening of all our oyster area to the dredgers ; but 
the welfare of the beds is not the only thing. Tlie rights of the tongrnen and those of the 
planters also demand consideration. At present it is well known that there is iniulcfiuate pro- 
tection for our planted oysters, and that the law wliich prohibits dredging in most of our rivers 
and inlets is of no etfect. Alnnist every day the newspapers contain accounts of the piratical 
incursions of the dredgers upon these reserved grounds, and the evil increases from year to year 
as the large lieds in the deep waters become depleted. The chief duty of the nine sail-boats of 
the State fishery for(;e, as at present constituted, is to guard the tonging and planting grounds 
from the depredations of dredgers, and the lack of efficient protection is usually attributed to 
their neglect of their duty; but the well-known fact that Virginia, which maintains no oyster 
police, suffers very much more than Maryland, shows that our navy does attbrd some protection, 
and no one who is familiar with the subject can wonder that the service is not more efficiently 
done. 

The boundaries of the area open to dredgers have not been established from any broad 
and general point of view, and the lines beyond wluch di-edging is prohibited are not lines 
which can l)e guarded. The desirability of facilitating the enforcement of the laws does not 
appear to have entered into the minds of the persons who have established the boundaries. In 
most cases the law says that there shall be no dredging within a specified distance — usually 
half a mile or a mile of a certain point — and the boundary is of course a circle around the point 
named. The precise location of the point is not stated in the law, and there is in many cases an 
opportunity for a range of a mile in dift'erence of opinion as to the exact point designated. There 
is no provision for marking out this circle by buoys or otherwise, and it is in most cases quite 
impossible for the officers of the fishery force, or the judges who may be called upon to try persons 
accused of violating the law, or even the dredgers themselves, to say, with any exactness, when 
dredging first ceases to be legjil. The complexity and indefiniteness of the boundary line is in 
itself a strong temptation to the dredgers to trespass beyond it, and while the organization of the 
oyster navy is a pressing necessity, the establishment of a well-defined boundary is a matter of 
even greater importance. We have shown again and again in this report that private cultivation 



REPORT MARYLAND OYSTER COMMISSION. 



PLATE m. 






A- 



V^S^^I 



^ - » ^ i' ^ \ 
















CLUSTER OF OYSTERS, SPONGES AND BAKNACl.ICS 

l'':istincd lo ,\ Small Stoiu-. 

Natural Size. 



Prom Winslow's Report on the Oyster Beds of Tangier and Poconioke Sounds. 



.illi'ruMhl,lb,«^,u^n' Jl„l 



REPORT MARYLAND OYSTER COMMISSION. 



PLATE IV. 












-^^"1 



:yy^^ 

















CI.rsTi:!} l)l' OVSTKI^S AMI S1'()X(;K 

I'l-OIU MIlWdlk'Ti Ix'lls Oll'SilpCilkc HilV 

Seal.- -■ ; \ ..tin;il Si/.i- 



P'roin Winslow's Report on the Oyster Beds of Tangier and I'oconioke Sounds. 



.; Ih^n Ai'^I'thf^aust"- Bolt' 



4J) 

of oysters is the true solution of most of our difficulties, but no one cares to engage extensively 
in the planting of oysters which may at any time l)e stolen by dredgers, and no great growth of 
the planting industry can be hoped for until tlie Ijouudary of the bottoms reserved for tonging 
and planting, and closed to tlie dredgers, is simplified. 

We accordingly jiropose that in place of the system of intersecting cirs-les now recognized 
by law, a line as nearly straight as possible, be established, to run from headland to headland, 
entirely around tlie bay to separate the lands where dredging is permitted from those where it 
is prohibited, in the charts which accompany this report, all the bottcuiis of the shore side of 
this line, whicli is minutely described further on, are (Colored blue, wliilc the areas where 
dredging is permitted are (-Dlored yellow. We also recommend that buoys and other suitable 
landmarks be ])laced at such jioints upon this line as tlu> Oyster Commissioners shall deem 
it necessary to mark in this way. 

In laying down this line we have kejit nu)st prominently before us the necessity for 
boinidaries which (^an be protected, and we have therefor*' found it necessary to open to dredgers 
certain l)eds wliich have been legally closed, although we believe that some of these beds Jiave 
actually been open to dredgers. 

On the other hand, we have closed certain T)eds whiidi have hitherto been open, and while 
the boundary, which we propose, will und()ul)tedly be injurious to the interests of the tougmen 
of certain districts, the total area where dredging is prohibited is much increased. 

We also recommend a plan for the reorganization of the Fishery Force, the axloi)tiou of 
which will, as we believe, render the rigorous enforcement of the laws possible. 

We also recommend certain changes in the law relating to tongmeii. At present the 
tonging license only permits the taking nf oysters within the county where the license is 
granted, but as the public oyster beds are the property of the whole State, and not of any par- 
ticular county, we recommend that such a change be made that any holder of a tonging license 
may take oysters in any waters which are open to the public. 

As the State bears the expenses of protecting the rights of the tougmen, we recommend 
that all money received for tonging licenses shall be paid into the State Treasury to the credit 
of the oyster fund. 

Skc'I'IoN I\\ — ( ).N THK ClosKP Sk.'iSON. 

Among the favorite remedies for the destruction of the oyster beds tlie shortening of the 
season is a favorite measure, and it has many advocates. This remedy seems, at first sight, to 
be an effective one, but a little thought shows that it is, in reality, of no very great value. 

So long as our present oyster policy is maintained it will be necessary to have a closed 

season to facilitate the enforcement of other legal measures, but as it is clear to every one that 

■ a great number of fishermen working upon a bed for a short season will do just as much damage 

as a lesser number working for a longer time, we cannot hope that laws to shorten the season 

will, in themselves, effect any great improvement in the condition of the beds. 

IngersoU gives a very vivid description of the method of fishing in early days, upon one of 
the natural beds of Connecticut, and as this bed was finally exterminated by little more tliaii 
one day's fishing in each year, I cjuote his account in order to show how little protection can 
be offered by a closed season. 

IngersoU says: "The law was 'off' on the 1st day of November, and all the natural beds of 
•" the State became open to any person who wished to rake them. In anticipation of the date, 
" great preparations were made in the towns along the shore and even for twenty miles back 
" from the sea side. Boats and rakes, and baskets and bags were put in order. The day before, 
" large numbers of wagons came toward the shore from the back country, bringing hundreds of 



oO 

" men witli their utensil^. Among these were not unfrequeutly ^een boats, borne in the rig- 
" ging of a hay cart, ready to be launched on the expected morning. It was a time of great 
"excitement, and nowhere greater than along the Quinepiac. On the day preceding, farmers 
" flocked into Fair Haven from all the surrounding country and brought with them boats and 
" canoes, of antique pattern and ruinous aspect. These rustics always met with a riotous 
" welcome from the town-boys, who hated rural competition. They were very likely to find 
" their boats, if not carefully watched, stolen and hidden before they had a chance to launch 
" them, or even temporarily disabled. These things diversified the day and enlivened 
"a community usually very peaceful, if not dull. As midnight approached, men dressed in 
'• oilskin and carrying oars, paddles, nikes and tongs, collected all along the shore, where a 
" crowd of women and children assembled to see the fun. Kvery sort of craft was prepared for 
" action and they lined the whole margin of the river and harbor on each side in thick array. 
" As the ' witching hour ' drew near, the men took their seats with much hilarity and nerved 
" their arms for a few moments vigorous work. Xo eye could see the face of the great church 
'' clock on the hill, but lanterns glimmered upon a hundred watch-dials and then were set down, 
" as only a coveted minute remained. There was a hush in the merriment along the shore, 
■' an instant's calm and then the gi-eat bell struck a deep-toned peal. It was like an electric 
"shock. Backs bent to oars and' paddles churned the water. From opposite banks, waves of 
" boats leaped out and advanced towards one another in the darkness, as though bent on mutual 
" annihilation. ' The race was to the swift ' and every stroke was the mightiest. Before the 
" twelve blows upon the loud bell had ceased their reverberations, the oyster beds had been 
" reached, tongs were scraping the long-rested bottom and the season's campaign upon the 
" Quinepiac had begun. In a few hours, the crowd upon some beds would be such that the 
" boats were pressing close together. They were all compelled to move along as one, for none 
" could resist the pressure of the multitude. The more tliickly covered beds were quickly 
" cleaned of their bivalves. The boats were full, the wagons were full, and many ha^ secured 
" what they called their 'winter's stock ' before the day was done, and thousands of bu.=^hels of 
" oysters were packed away under blankets of sea weed, in scores of cellars. The first day was 
" the great day. By the next day the rustic crowd had departed, but the oysters continued to 
" be sought. A week of this sort of attack, however, usiuillj' sufficed to clean the bottom so 
" thoroughly that subseciuent raking was of small account." 

For a few years the bed was able to resist this attack and recover from it, but it was not 
long before all the mature and full g^rown oysters were caught, and at the present time the bed 
does not yield maketable oysters, although it still provides seed oysters for planting. 

It is clear from the history of this bed, and of many others which might be referred to, 
that as oysters grow scarce, and the demand for them increases, the only effect of a closed 
season is to assemble all the oystermen upon the bed at the end of the season. The oysters 
which would otherwise have been removed slowly are then taken away rapidly, and the plan 
has no advantages as a means of protection unless the closed season is long enough to allow a 
new generation of young oysters to gi-ow up and replenish the beds. 

Although the closure of the beds for a part of each year is of very little value in itself, a 
closed season is a great help in the enforcement of other means of protection, and many of 
the States which own oyster beds have passed laws to prevent the taking of oysters in certain 
months. 

In Massachusetts any resident may take oysters for family use between September 1st and 
.lune 1st, but no one can take them without a permit between Jane 1st and September Ist, 
although the local authorities have the power to gi-ant permits to fish for oysters at any time. 

Some of the public beds of Rhode Island are open to residents between September loth 



51 

and May 15th, while nther.s aiv open ouhj Jiefwe.en .\yv\\ 1st mid Axww I'fth. but ii<i one fan take 
more tliaii twenty bushels in one day. 

Connecticut has no closed season, and her imlilic as well as jirivate beds are fished at all 
times. The beds in the river Thames, however, are closed l)y a local law l)etween March 1st 
and Sep; ember 1st. 

New York has loi-al laws for the closure of the beds of certain reti-ious at specihed times, 
aiul .some of the towns have town laws to the sanu' effect, thus the beds of Creat South ]5ay are 
(dosed by a Staff* law from March 1st to Se])tember 1st, and those in Harlem River from June 1st 
to August ;^Oth. while the town of Brookham has a town law closinu' the l)eds, which furnish the 
well-known •• Hlue Point " oysters, from -lune \'A\v to October 1st. 

In certain counties of New Jersey, the closed season is from [Shiy 1st to September 1st; in 
(ithers from July 1st to September 1st, and iu still others from May 1st to October 1st. 

The public- beds of Delaware are (dosed from .Vpril ;'.(lth to September 1st. 

fn Vir^-inia the (dosed season is from May 1st to September 1st, but any resident may catch 
two bushels a day for family use, and any owner of planted oysters may catch them at any 
time and iu any quantity for family use. 

In Ireland the season opens on September first in some localities, on October first in others, 
and on November first in others, and it (doses on March firs;t. April first or May first. It is 
unlawful to possess any oysters durini;- thi' closed t(>rm. 'i"he inspectors of fisheries can call a 
meetiui;- of interested persons to decide upon a (dianu-e iu the (dosed season. 

In the Eiigdi.sh (dianuel the closed season, as established by the concurrent legislation of 
Kngland and France, is .lune sixteenth to August thirty-first, and aiiy boat foimd at this time 
with a dredge aboard is held guilty of a violation of the law. 

In Maryland no dredging is allowed between Ai)ril 1st and October 1.5th, and no oysters 
in the shell can be carried outside the State between April 1st and September 1st. '{'here is also 
a State law in the following words : " It shall be unlawful for any person or persons to take 
or catch oysters, except for private use, to the amoimt of five iMishels per day, or for .sale of the 
same to any citizen or citizens of the neighboriiood, and to them only for the purp(xse of being 
con.sumed when sold, or for the purpose of replanting or bedding in the waters of the counties 
wherein they are caught, or for .sale to the citizens of the county wherein they are caught, and 
to them only for the purxiose of replanting or bedding in the waters of said counties, between 
the 15th day of April and the 1st day of September." 

It will be seen that a special act of Legislature is needed to explain and define what the 
ambiguous wording of this section is intended to prohibit or permit; but Sec. 1."!, of the act of 
1874, for which the words above cfuoted were substituted in 18S0, f(5rbids the taking of oysters 
during the (dosed season, except for private use, or for the purpose of replanting, or for sale to 
the citizens of the county where thej' are caught, or the county next adjoining. It is, therefore 
probable that the framers of the present law wished to permit by it, the taking, between 
April 15th and September 1st of oysters to be sold to residents of the neighborhood for food, or 
to citizens of the county for planting, and also to permit the taking of five bushels a day for 
private use. 

It will be seen by examination that almost the only tiling which these laws have in common 
is the prohibition of oyster fishing in the summer months, and to this there are exceptions, as 
some of the Rhode Island beds are open only in the summer, while tliose of Connecticut are 
open at all times. This provision, whi(di is borrowed from the laws for the protection of game, 
is based upon the fact that this time is tlie spawning season, (iame birds soon desert a region 
where thi^y are disturbed in the breeding season, and as they lay few eggs and care for their 
helpless young, the destruction of an old bird at this time may result in the death of the whole 



52 

brood. The provision of tlie game law wliicli forbids the capture of ,s;ame during the breeding 
season is therefore a wise one, but oysters are very different from game birds. They discharge 
vast numbers of eggs into the water, but they talce no care of tlieir young, and while it is true 
that the removal of too many mature oysters from a bed destroys its productiveness, the time 
when they are removed is a matter of no consequence, and over fishing in December is in this 
respect as bad as over fishing in May. 

One of your commissioners has made a study of tlie spawning time of our oysters, and has 
carrried his observations over several years. He has found spawning oysters in our waters in 
every month in the year except December, January and February, and lie lias had no opportunity 
to visit the beds during these three months. 

By far the greater number of these oysters, however, are found to spawn between May l2(itli 
and July 1st, and although the temperature of our spring months causes considerable variation, 
this period may properly be called the spawning season. At any time before May 20th, the 
disturbance of the beds can do little harm, and the experience of the Connecticut oyster farmers 
shows that the thorough raking of the beds just before the spawning season is a positive benefit. 
The young oysters cannot attach themselves to dirty and slimy sliells, and if all the sponges, 
hydroids and sea weeds could be dragged from our beds in April and May, and if the old decayed 
and slimy shells could be plowed under and covered with the cleaner shells from below the 
surface by dredging just before the spawning season the fertility of the beds would be greatly 
increased, and there is, therefore, nothing in the nature of the oyster to demand the closure 
of the beds in April and May. 

Your commissioners believe that no increase in the value of our beds can be hoped for until 
it is brought about by private cultivation, and that the State should use every possible means 
to foster and encourage the oyster planting and oyster farming industries. We show elsewhere 
that the states where the oyster industry is most prosperous have found it necessary, and to their 
advantage to use the natural beds chiefly as a supply of seed for planting, and we believe that 
whenever the people of our State are prepared to use our great natural advantages for oyster 
culture, it will be wise to throw open the natural beds in the summer time, but at present such 
a measure ^ould simply result in the depletion of the beds, without any compensating advantage. 
Soon after the young oysters are born they fasten themselves to stones, gravel, empty shells, 
living oysters and other clean, hard substances. They are at first so small that they are in no 
danger of injury by dredgers, and there is, therefore, no reason why the taking of marketable 
oysters should not be continued all summer if the large oysters could be taken away without the 
young ones, but these are at first so small that they are invisible, and for several months tliey 
are too small to be removed from the shells or larger oysters. As it is very difficult to enforce 
culling laws, the opening of the public beds immediately after the spawning season would cause 
millions of the small oysters to be carried away on the shells, and even if the culling laws could 
be enforced, many of the small oysters would be carried away on the large ones. 

This would do no harm, and it Avould, in fact, be a great advantage, if the small oysters were 
used as seed for planting ; but at present most of them are destroyed. 

AVe therefore believe that, for the present at least, the public beds should be closed for as 
long a time as possible in the fall in order to give the young oysters time to grow large enough 
to render it possible to detach them from the larger ones and from the shells. In another part 
of our report we recommend that each public bed be examined annually in order to determine 
how many oysters it can yield without injury. This examination should be made in August or 
September in order to learn how many young oysters have settled upon the bed, and as the 
analysis and publication of the results of this examination would require at least two months, 
the opening of the public beds should be postponed as long as possible. 



If tlie welfare of the beds were tlie only thint;- to be considered your cominissioners would 
recommend tlic closui'e of tlie public beds from June 1st to Det^ember 1st for tlie next two 
years, but we believe that in determiniiv^- the length of tlie (•los(>d season tlie interests of the 
oyster business should also be consulted. 

After the closure of the packing houses in the early si)ring most of the oysters which are 
taken are sold outside tlie State at a very low price to i)hinters, who, in many cases at least, 
resell to Maryland packers in September and ()ctol)(>r at a great ad\ance. 

If our own peoi)le would themselves engage extensively in the planting l)usiness, or if our 
beds were not already overtaxed, it would be wise to encourage the taking of seed to be sold to 
northern planters, as this is one of the legitimate sources of the demand for our oysters. 

It is obvious, however, that until something is done to increase our supidy the condition of 
our beds demands that the taking of oysters be in some way restricted. The supply cannot be 
increased immediately, and as the closure of the public beds in the spring would injure our 
own people less than it would at any other time, and as it would restrict the exportation of 
seed oysters, which cannot noiv be sj tared, we believe tliat lor the next two years the closed 
season should liegiii on Aiu'il 1st. 

As soon as our people engage (wtensively in oyster planting and need these months to gather 
tlieii- seed oysters, and as soon as oiii- br-ds are sufficiently jtrolific to supply Northern planters, 
we believe that the Ijeds should l)e thrown open until June 1st, (u- even longer. 

As regards the time of oiieuing the season, the oyster packers affirm tliat the early fall is 
the time when their business is most profitable, and that the closure of our beds at this time 
compels them to buy at a, higher ju'ice the oysters which have been taken North from our beds 
and planted in other States. They therefore advocates the opening of the public beds on 
September 1st. We believe that the cimtinuauc^ of the closed sf^ason until December 1st would 
be a benefit, as it would allow tlie young oysters to grow large enougli to be removed from the 
uiarketable oysters, and thrown ))a.ck onto the binls, but as we feel that the (claims of the oyster 
business deserve consideration we rtM-ommend that the time 1)e shoi'tened, and that tlie clos(;d 
season I)e only until < )cto]jer loth. 

The experience of Connecticut, where Ijoth public and priv'ate beds are open throughout the 
whole year, and are rapidly increasing in number, shows that a closed season is not necessary 
for the preservation of the beds, and we recommend the closing of our beds between April 1st 
and October lo, chiefly to facilitate the enforcement of the other oyster laws, and to give to 
the officers of the oyster navy time to examine the condition of the lieds, to make surveys, and 
to perform other duties which are described in detail further on. 

As the closed season is a mattei' of policy and is not due to the nature of the oyster, we 
believe that it should be mad(> al)solute, and that all laws which permit any one to take any 
oysters from the public beds should l)e repealed. 

We show ,in another p»art of our rei)ort, that it is possible to stock oyster farms and planting 
grounds without drawing upon tli(! pul)lic beds, and there is no reason why those oyster planters, 
who wish to get their seed from tln^ piil)lic 1jeds, should not do so after the oyster season is 
opened. It is true that they would then have to compete with the jn'ices i)aid by the packers, 
but as our present oyster policy is opposed to any private interest in the beds, there is no good 
reason why a planter should have oysters from the public beds any more cheaply than any 
one else. 

The law which allows any person to catch oysters from the ])ublic beds, at any time, for 
family use or for sale in the neighborhood, is a wide loop-hole for infringement of the law, and 
so long as our present oyster policy is adhered to, we believe that the public beds should be 
absolutely closed during the closed season ; the more especially as the changes which we 



recommend in the five-acre law, will put it within the power of any resident to supply his own 
wants and those of his neighbors from his private grounds. 

We therefore recommend that, for the next two years, the taking of oysters from the public 
beds be prohibited from April 1st to October 15th, and that all laws or parts of laws incon- 
sistent with this recommendation be repealed. 

Sectio.v V. — On ruE iSiate P^isiiEnv 1<%)R(e. 

The State Fishery Force is an important factor in the oyster problem, and most of the oyster- 
men unite in laying much of the responsibility for the destruction of our oysters upon this con- 
venient scapegoat. 

Your Commissioners believe that the resolution under which we were appointed requires 
us to report upon this subject, and we havt^ accordingly given much of our time to an examina- 
tion of the fishery force. 

We find that little or no attention has been paid, by the framers of our laws, to facility 
in enforcing them, and we believe that, as these laws are at present, thorough enforcement is 
impossible. 

We also find that the area which our navy is required to guard, is most too large to admit 
of efficient protection by on i- present fleet, and that the superior seaworthiness of the fishing 
vessels enables them to work when the boats of our navy cannot pursue them. 

We also learn that the navy is not required to be upon duty at night, or at least, that the 
officers thus construe the law which requires tliem to keep their vessels on duty "when circum- 
stances will permit." 

The organization, and i)ay, and duties of the force are of such a character that the State 
cannot command the service of the best men. 

No navy can be efficient if the appointment and promotion of its officers depends upon any- 
thing but fitness for their duties, and the most conspicuous faults of tlie Fishery Force are 
directly due to tln^ American method of ap])ointing and promoting the servants of the gov- 
ernment. 

For these reasons we refrain from expressing any opinion upon the comjietency and dili- 
gence of the officers of our force, although one of our number, a gentleman who is qualified by 
long service in the United States Xavy to handle the subject with skill and ability, has pre- 
pared a special report, in which he points out the proper course to be taken in the reorganiza- 
tion of the Fishery Force. This report is jirinted further on, and its recommendations are 
embodied in a bill which is submitted herewith. 

At various points in our report we recommend tliat new duties, such as the surveying and 
mapping of our natural beds, annual examination of the condition of the beds, the placing of 
buoys and landmarks, and the location of private oyster grounds be required of the force. 

If these recommendations are adopted it will he absolutely necessary to reorganize the 
force in the manner recommended in the chapter on that subject, as our boats are unfit for the 
work, and as the officers have not the necessary qualifications, since no such duties were required 
when they were appointed. 

AVe find that, among the obstacles to the enforcement of the laws, two require immediate 
attention. 

These relate, first, to the laws for the protection of the Potomac river and Pocomoke Sound- 
and, secondly, to the local laws to regulate fishing in Tangier Sound and its tributaries. 



55 



Section VI.— Thk fiAWs for tiik rRoxECTioN of tiik Ovstkr P>ei>s of thk Potomac Riveu an'D 

PoCoMOKK SoUNl> 

The oyster laws of Maryland and X'truinia have no features in common, as Virginia permits 
no dredging in her waters, and draws her revenue from a complicated system of taxation upon 
oysters, while Maryland authorizes dredging and derives her revenue from fees for licenses to 
take oysters. 

Great confusion, therefore, results in all waters Avhich lie near the boundary, and this 
<"onfusion is greatly increased by a compact between the States, known as the compact of 17S5, 
which jirovides that citizens of each State shall have in common the right to fish for oysters in 
the I'otomac river, and that neither State shall, in these wati-i-s, enforce any law which lias not 
been ai>proved by the other State. 

The m.ignitude of tlie interests at stake, and the complexity of the subject, renders tlie 
protection of these fisheries one of tlie most difficult problems connected with the oyster interest, 
and your ('ommisiioners hesitate to discuss a theme wliich has alx'eady occupied the best 
statesmen of both States, but as neither State has approved the oyster laws of the other, the 
oyster beds upon our boundaries are at present absolutely without protection, and any one who is 
arrested anywhere in Maryland, with oysters or apparatus for taking oysters in his possession in 
violation of law, can escape punishment by swearing that lie has been oystering in the Potomac. 

Within the last tM-o or three years an effort has been made to secure the joint action of the 
two States, but nothing lias as yet been accomplished. 

Tn ISTT, .1. S. Black and Charles J. Jenkins, were ajipoiuted arbitrators by the States of 
Maryland and AMrginia, to establish and fix the true boundary line l)etween the states, and the 
line which they estalilished is laid down in red on cliart No. 4 of this rt^port ; tlie line accord- 
ing to the compact of 1785, being laid down in yellow, and the original line according to the 
charter of Lord Baltimore, in HVoI, in blue. 

Tn 1S82 the General Assemlily of Maryland passed the following joint resolution, appoint- 
ing a committee to confer with a similar cinnmittee to be appointed by the General Assembly 
of Virginia, npon concurrent legislation lietween the two States for the better protection of 
oysters in the Potomac River nnd P(^comoke Sound. 

Joint IvKsolutkin \'o. 17. 

Wiii:ri-:as the (ieneral .Vssemlily of the State of Maryland, at tlie January session, in the 
year eighteen hundred and eighty, chajiter thirty-six, passed an act concerning the taking and 
catching of oysters in the l^otomac River; and chapter four hundred and forty-five of the acts 
passed at January session, eighteen hundred and eighty, entitled "An act to protect oysters in 
the waters of Pocoinoke Sound, in Somerset county ;" and whereas the act requires the assent of 
the General Assembly of the State of Virginia, under tlu> compact between the States of Mary- 
land and Virginia, in the year seventeen liundred and eiglity-flve, that the same may l)ecome 
effective ; therefore 

Jiesoloed h// ihe General Asseinh// of Mari/Iand, Tliat five memliers of this General Assem- 
bly, two on the part of the Senate and three on the part of the House, be appointed liy the 
presiding officer of each body respectively, who shall, as soon as practicable, confer with the 
General Assembly of Virginia, touching the matter enacted in said act of eighteen hundred and 
eighty, and request their assent thereto at their present session, if the said committee shall 
deem the said laws hereinbefore referred to, to be the best for the oyster interest in this State, 






56 

and to confer with tlie said Legislature upon any other law which they may deem it necessary 
to pass for the protection of oysters in the waters already mentioned, and report the result of 
the conference to this General Assembly. 

Resolved, second, That if the said act shall be assented to by the State of A'irgiuia, and a, 
similar act be passed by their General Assembly, that the Governor of each State, respectively, 
be requested to secure the necessary legislation by the Congress of the United States, as required 
by the Constitution of the United States, to make the said act valid and effective. 

The acts referred to in this resolution are as follows : 

" CiiAi'TKi; .'!()." 

"AN ACT to regulate the catching of oysters in the waters of the Potcnnac Kiver." 

" Section 1. Be it enacted l>i/ tJie General Assembly of Mar//la/ul, That no I)oat or vessel 
propelled by steam shall be used in catching oysters in the waters of the Potomac River, and no 
other boat shall be used in catching oysters with scoop, dredge, drag or similar implement, in 
the waters of said river, without first having been licensed as hereinafter ])rovided." 

"Sec. 2. And tie it enacted, That the Comptroller of the Treasury shall, upon the application 
of any person who has been a resident-citizen of this State for twelve months next preceding such 
application, and who is the bona fide owner of the l»oat or vessel sought to be licensed, and to no 
other person, issue a license to use such boat or vessel in catching oysters with scoop, dredge, 
drag or similar implement within such of the waters of the Potomac River as are not prohibited 
by the x:)ro visions of this act, which license sliall hold good for one year, but shall only authorize 
the catching of oysters between the fifteenth day (jf October and the first day of April ; but it 
shall be lawful for the licensed owner of auy such boat, whenever such owner shall sell and 
convey by bill of sale for a bona fide consideration .said boat to any person who has been a resi- 
dent of this State for the twelve consecutive months next preceding such sale, to transfer the 
said license to said vendee with said boat, which liceuse, when so transferred, shall entitle said 
vendee with said boat to the same privileges foi- catching oysters in the waters of the Potomac 
River that the vendor had before such .sale, provided that said vendee shall appear before the 
Comptroller of the Treasury and make oath befoi-e him to all the facts, matters, things and 
prerequisites required of said original vendor before taking out such license, upon which said 
license said Comptrolhu- shall certify the fact of said vendee having taken said oath, and for 
which the said vendee shall pay the sum of five dollars, to be paid to the State of Maryland." 

"Sec. 3. And Ije it enacted, That the owner of nuch boat shall make oath before the Comp- 
troller or his clerk that he is the bona fide owner of such boat to be described in the license : 
that he has been a resident-citizen of the State for the time beforementioned ; that there is no 
lien on said boat held by a non-resident, and that said boat shall not be used in violating the 
Ijrovisions of this act; such apjilicant shall exhil)it to the Comptroller at the time of .such 
application the Custom House enrollment or license of such boat, and if such boat is under 
Custom House tonnage shall swear to her tonnage." 

" Sec. 4. And lie it enacted, That before granting such license the Comptroller shall receive 
for it from such applicant the sum of three dollars per ton for every ton the boat may measure ; 
said license shall be exhibited wlienever called for by any officer of the State Fishery force or any 
person having a right under the provisions of this act to make arrests and seizures for violating 
any of its provisions." 

" Sec. 5. And he it enacted, That no person or boat licensed under the provisions of this act 
shall take or catch, or be used in taking or catching oysters with scoop, dredge, drag or .similar 
implement, in any waters of the Potomac River of less than twelve feet in depth, nor in any of 



tlie waters of s;i id ri vci- bctwcrii t lie M;ir\ Iniid -Ikh-c and sti'a iiilit lines as follows : Im-oiii tli« 
most eastern iioint of tlie lieadland K-no\vii as Posey's I'.lnff, toa bnoy neai' the sontliern orsondi- 
easteni iiojnt or in'oiiy- of Herron Island bar, tlience to I'.LKddslone's Island Li.^Iit-IIoiise, llieiici^ 
to a buoy near tlie end of Cobb Point P)ai'." 

" Skc. <i. And hi- if iiKi, ■It'll, Thai if any |ierson or pei-sons ha vinn' been li reused under this act 
to catch oysters with scoop, dredy-e, drai;- oi- similar ini]denient, in tlw waters of llie Potomac 
River, sliall violate the ])rovisions of (he jirecedinu' sections, snch person or peisons shall be 
liable to arrest, and the lioats, vesscds a iid e(jni])ments used shall be seized, and npon ]iroof of 
such violation before a justice of tlie peiwe or a Judii-eof tjie cin-nit court f<ii- the <-ouiily nearest 
the place of snch violation, on arrest and seizure shall be lined not le^s than fifty dollars nor 
more than three hnmlred dollars : ami said fine and all cos|< of jirosecut icm shall be ;t lien en 
boats, vessels and eijuipments, whi(di, if said line and costs of iirosecntion be not |iaid within 
ten days after jud^'ment, or api)eal be not tnken as hereinafb'r ]irovided, shall be sold at jmblic 
sale to th<^ highest bidder for cash, under such ordei'-and notice as the judji-e or justice aforesaid 
may ])resc.ribe : if said arrest ami seizure be made by any oflicei' of the State Pisliery force, said 
tine sliall be jiaid into the treasury of the Stale; Imt if nnnle by any other ]iers(ni or i'ers(uis 
haviny tlie i'i,n-ht to arrest and seize, (Uie-half of said fine shall be jiaid to the(derlv of the circuit 
conrt of the county in which the case has been Iiied, to bejiaid by said iderk to the ('omiilioller 
t)f the State, and the other lialf shall lie e(|ually divided leiween the parties who made or 
assisted in makiny the arrest and seizure." 

" Sec. 7. Ami lie it cuarleil . That any l»oa(. vess(ds and eijuipmenls owned wiiolly or in part by 
any non-i'esident. used in cat<diim;- oysters in the waters of the Potomac Iliver with scoo]i, 
dredge, dra.g or similar implement, ujion seizure and i)roof shall be comlemned by any judge 
of the Circuit Conrt or justice of tlie j)eace of the ccumty nearest the place of \wv capture, ami 
sliall be sobl by (he sheriff of the conuly where condemned to (he highest bidder for cash after 
ten days' notice of (lie time and ]dace of sale; one-half of the juMceeds of sale, less half the 
costs of ]]rosecution and sale, sliall be ]iaid to the ]>arties who made the capture, e.\ce]it when 
tbe capture was made by the State Fishery i'"oive, and the balaiu-e sliall bt^ paid into tlie treasury 
of the Stat.'."' 

"Sec s. Ami be if emu-fed, That tlie Comptroller of the Treasury shall have ]>aiuted in black 
figures, on white canvas, two sets of nnmbei-s corresjionding to the license to cat<'h oysters with 
scoop, dredge, drag or similai' im]demeut ; ea(di figure shall lie tu'enty-two inches longand of pro- 
portionate width, and the figures shall beat least six inches aj^arf, and he shall t;ive lo each 
person taking out such license two numbers thereof, one of whi(di ahal'l be firmly sewed uimn 
the starboard side and in the mbldle of that side of the mainsail, which is above the close 
reef, and the other number on the ](ort side and in the middle iiart of the jili, which is 
above the bonnet and reef. These numbers shall be placed in an upright position and lie 
worn at all times during the dredging season, and shall not lie concealed or defac<>d ; and 
no other number shall be exposed to view ov lie used tlian that which is fninished liy the 
Comptroller. Any captain or other jierson in (diarge who sliall violate th(> ])rovisions of this 
section shall, upon proof of su(di violation before a judge of the circuit court or justice of the 
peace of the county nearest M-]ii(di siiidi violation occurred, lie subject to a fine of not li^ss than 
fifty dollars nor more than one hundred dollars, and sn<di fine and the costs of pro.secution sliall 
l)e a lien ui)on su(di Iioat or vessel on whicli were violated the ]irovisions of this section, and 
unless said fine and costs be paid within ten days or appeal be taken, sindi boat (U' vessel sliall 
be sold at public sale to the highest bidder for cash, under such orders and notice as the judge 
or justice of the peace may prescribe ; one-half of tli(» fine to be paid to parties making the 
arrest and capture, unless the arrest and capture be made by the State Fisliery force, and the 
balance to the ti'easui-v of the State." 



" Sec. U. And hi' il tinti-lfd, Tli.il any person mIio lias bcmi a resident-citizen for the twelve 
months n(^\t precediny his apiilicatidn of a eonnty bordering on the Potomac RiYer, de.siriii'.y to 
use any canoe or other 1 (uit in catchin.g oysters for sale, with rakes or tong's in any of the 
Avaters of the Potomac Piver, shall first obtain, ])y aiiplication to the clerk of the circuit court 
for tile county wherein he resides, a license therefor, and such license shall have effect from 
the first day of June in the y(>ar in which it may have l>een issued to the first day of June 
next succeeding; provided that such license sliall not authorize the use of said canoe or lioat 
in taking oi' catcliiug oysti'rs in any creek, cove, inlet, bay or sound Avitliin the limits of any 
county othei' than that A\iierein the liceus(> sliall have been issued." 

" .Sr.( . 1(1. Ahil he il eiKicted, That mndi and every liccuise to catch oyster>, for sale, with 
tongs or rakes in the waters of the Polomai" IJiver. shall state the name and rc^sidence of the 
person to whom the same is granted, tlie number and length of the canoe or boat by top or 
(vver-all measurenienl, t!u: county in w liich tin* same is to Ije uschI, and the jieriod at which 
said licen.--e \\\\\ e\i)ire; said license shall al>o state that the holdej' thereof is, liy virtue 
of said lii-i'use, antliorized and re(|uir((l lo make, or assist in making, arrests of any jicrsons, 
and seize any l)oais, vessels aiul e<|ui]>nu'nls (>ngaged in \iolating the ]irovisions of this act. 
Yov -nch license the ajiLilicanl shall ]iay to the clerk of tlu' cii'cuit court issuing the sanu- 
as follows: Por a boat ov canoe niea>iu-iug in length twenty feet or less the sum of two 
dollai-s; for a boat or canoe twenty to twenty-hv(- feet in length the sum of three dollars; 
for a boat or canoe twenty live to tliirly feet in length the sum of four dollars; for a boat 
oi' c;ino(" over thirty IVet in leugtli the >um of live dollars; and for slo(_i]is under ( "ustom 
House measurement the sum oi' si.\ dollars. And all oysters taken shall be culled npt)n the 
natural beds A\here (he\- ai-e taken. The auuiunt received from tongiiig licensees shall be paid 
by Ike <-lerk to tlie school (•(unmissionei's foi' tin' public schools of the respective counties 
where >ucli licenses are i>,-ued, i)vovided the sum received from white tongers shall be applied 
to the whil'e school tnud.aiHl the>um from the colored tonn-ers to the colored school fund. 
]So license to tonueis uiuler the |iro\isions of this ai't shall aiitlnn-i/.e the catching of oysters 
for sale during the nionlh> of .\pi-il, Ma.v, .Inne, .Inly and .\ugust. .\ud any jierson oi- jiersons 
violating the i>ro\isious of this section shall be subject to like i)enalities as are ]irescribed 
by the preceding sections of this act." 

" S !•:<'. 1 1. Ami he !l tiidrlcd. That e\cry apjilicaiit for license under this act, to use ;niy canoe 
or other boat, in catching ()ysters for sab-, with rakes or tougs, shall be recjuirei to make oatli 
or affirmation, 1)efore the clerk authorized to issue the same, or some justice of the i>eace of the 
<\)uuty, on whose certi lieale of the taking such oath or affirmation the clerk shall issue such 
license; said oath m- atlirmation sh;ill assert that he has b(!en a resident-citizen of the county 
for the twelve montlis next preceding his ai>plication ; the length of the boat or canoe to l)e 
used; that he is the bona tide owner of said boat, or canoe; that he will not violate the 
provisions of this act ; that he will arrest and seize, or assist in arresting and seizing all persons 
and Itoats, vessels and equiiunents enga-ged in violating the ]u-ovisions of this act, so far as it 
may b(> in his power to do so, and that he will not (>mploy or ])ermit any person to use his boat 
or canoe, so licensed, on hire ov shares, wlio has not been a ))ona fide resident-citizen of the county 
for the twelve months next preceding such employment or i)ermission to use, and that he will in- 
form against and prc»secute all persons who shall violate this or any other provision of this act. 
The penalty for violating any of the jn-o visions of this section shall be not less than ten dollars, nor 
more than fifty dollars, to be recovei'ed before a justice of the peace of the county, and said fine 
and the costs of prosecution shall be a lien upon the boat and equipment of the offending party, 
which, miless paid within ten days after judgment, shall be sold under (n-der and notice 
lirescribed be the justice of the peace for the payment of such fine and costs, one-half of such 
fine to lie paid to the county school commissioners and the other half to the informer." 



'•Sec. ]i!. Ai/'l be if rhUi-led, 'I'luil every lic('ii?-cil toiiucr, nndcr tlic ]>r(i\ isious oi' this ;irt, 
■sliall paint tlic inuiibiT of Lis Imat oi'canoo on tln^ oulsidc llicrcof, near tlic ^'unwalc, on cai'li 
>:ide of lli(> bow, in blacli (iuiii'cs of not loss than fonr indies in h/ni^jtli, and of iii-op(n-tionato 
M'idtli, in a wliite i^Tonnd, and no number otlu-r tlian that in tlu' license sliall be exposed to view 
on said canoe ov lioat ; and any pcTson failini;' to coinidy ^\'ith tliis prosisioii, iiefore iisiiin' said 
))oat or cauoc for the ])m-iiose afcn-esaid, shall Ik^ snbject to a fine of not less than five dollars, 
and not more tjian ten dollars, to be reco\ered and ]iaid over as provided in section eleven of 
IJiis act." 

'• Si:c. j;'.. And he it eiKU-led, That if any person shall nse any boat or canoe not lii-ensed, as 
pro\ided by this act, in catehiiii;' oysters with raises or tone's, IVir sale, lie slia II be snbj;>ct to 
a line of not less than ten didlar- and not more than lifty dollars, to la- a lien on the boat or 
<.'anoe of the ofFendei', to be recovert'd and jiaid o\cr as provided in section eleven oi' lliisact; 
and if said line be not paid he shall l>e iniiirisoned in I lie connty ja il for not less than two nor 
more than six months." 

"iSkc. 1-1. A}id he it eiKtcted. That the ('omptndler shall cause to !)<■ jirinted and delivered 
to the clerks of the circuit courts of the counties borderin,t;-on the Potomac Kiver, the re(]nisite 
number of such blank licensesas are re<[nii-ed by the i)rovisions of this act, and said (derks shall, 
on the first Mondays of ^larch and l»ecember in each year, I'etnrn to the ( 'oniptroller a list and 
account of such licenses issued by tluuii ; and no license to catch (jysters with I'akes or tonys 
shall be issued to any l)oat or vessel Avlii(di is licensed to take oysters with scoop, dred.-i-e, tony 
or any similar instrument." 

"Skc. ]•"). And lie it eiKK-ted, 'fhat it shall be nnhn\ful for any person to catch oysters on 
Sunday or at ni,L;'ht with scooji, dredt^-e, dra.t;' or similai- implement, or by tonus; aii>- jjerson 
violatin.i;' this secdion shall be lined a sum <d' not less than fifty dollars nor more than one hun- 
dred dollars, the line and costs of prosecnti<ui to lie a lien on the boat, v(>ss(d and eqni]iments 
used in violatiiiL;' the iii-o\isions of this section, and tiie case shall be tried and disjiosed of, and 
the line a ud costs collected and |>ai(l o\cr a^ jwox ided in seed ion six of this act." 

"Skc. K;. And lie it i nw ted,'\'\v,\\ it shall be the duty of t he olHci'rs of theState Fi>hery force, 
the sherilfs, constables and licensed tou.t;-meii (d' the C/oiinties liorderiuy on the I'otomac Iviver, 
to arrest any xiersou found vicilatinu' the provisions of this act, and to seize all boats, A'es.-ids and 
equipments (Miu'a'-i'cd or used in Mudi \iolali(ni, and to lirinu' tiu' otfenders before a J u due of the 
circuit court or Ju>liee cd' the peace. nio>t co!i veil i cut or accessible, to be dea It with as liy this 
aid lU'ovided, and to Indd such boal>, ve^sids and eipiipmeuts to be disjiosed (d' to secure the 
payment of siudi tines and co>l> of prosecution adjudiced a> hereiidiefore jirox ided by precedinu" 
.seed ions of this act." 

'• Skc. 17. And In' it enuj-hd. That upon inforiiiat ion uiNi'ii on oath to any .judu^e or Justice of 
the peace of any Niolatiouid' any of the pi-o\ i>ioii^ of this a(d, he shall issue his wan-ant for 
the arrest id' the (dfeiidei' and the seizure of the boat, \i'ssel and ei|ui]imenls, which warrant shall 
be directed to the sheriff, <'onstable or any licensed tonu'man of the county whendn siadi warrant 
is issued, or to any ofiicer (d' the State Fi.siiery force, and said persons, when arrested, shall be 
carried bcd'ore said .jud.u'c or Justice of the jieace, and tlie boat, vessel and e<[nijniients shall be 
lield to be dealt with accm'din.u' to the pro\ isioiis of precediiiK seidions of this aid." 

'•Skc. is. And be it enaeted. That if any persmi or persons shall resist any officer authorized 
by this act to make ari-ests of persons and seizure of boats, vessels and eijnipments, he oi- they 
.shall be deemed K'lilty (d' a misdemeancn-, and niion indictment and conviction in any court 
having criminal Jnrisdiidion. shall be fined not less than one hundred dollars mu' more than fiv(^ 
hundred dollars, oi- be imprisoned in the House of ( Viri-ection for not loss than three months nor 
mor(> than one year, or both fine and inipri>onment in tlie di.-cretion of tlie court ; and the fine 



Go 

and costs of prost'cutiou shall br ;i lieu on any boats, vessel and equipments that may have been 
seized when such offendei-s were arrested, and such boats, vessel and equipnu-nt shall be disposed 
of to secure the payment of such costs and fine as the judge of the court may direct, aecordiug'- 
to the provisions of preceding sections in this act." 

" Six'. lit. And he it enacted, That for all oysters bought and sold on the Potomac River, the 
following shall be the standard bushel measure, viz : A solid iron tub, measuring sixteen and 
one-half inches across the bottom from inside to inside, eighteen inches across the top from in- 
side to inside, and twenty-one inches from the inside bottom, diagonally, to the inside top. 
This measure, even full, shall be a bushel ; and any pei'son using a larger-measure shall be subject 
to a fine of ten dollars for each and every offence against the provisions of this section, to be 
recovered by proceedings before a justice of the iieace. one-half to be paid to the informer and 
th<' other half to the Comptroller of the State." 

"Sf.c. io. And he it e)iacted. That any person or persons feeling aggrieved by the judgnient 
of any justice of the peace in any trial for a violation of any jirovision of this act, may appeal 
to the circuit court for the county in which such case may have been tried ; provided he or they 
give notice of such appeal within ten days after judgment, and shall within ten days after 
judgment pay the costs that have accrued, and deliver to said justice of tlie jieace an appeal bond 
with two or more sureties, to be approved by s.aid justice of the peace, executed to the State of 
[Maryland, in the penalty of double the amount of flue or i)enalty adjudged by said justice of 
the peace, said bond to be conditioned for the successful prosecution of said appeal." 

" Skc. '1\. And he enacted. That all money paid into the treasury of the State, und<'r the 
I)rovisions of this act, shall be placed to the credit of the " oyster fund." 

"Skc. 2'J. And l>e enacted. That the provisions of this act shall not apply to the citizens of 
the State of Virginia." 

'■ Skc. 2:5. And he enacted, That this act shall take effect upon iho ai>proval of this act, and 
the passage of a similar act by the State of Virginia." 

"Approved March l-'i. is.so." 



'• ('iiAi'Ti;i: 44-")." 

"AN ACT to protect oysters in the waters of Pocomoke Sound, in Somerset county." 
'' Skction 1. Be it enacted hythe General Assenildi/ of Mar;/tand, That it shall not be lawful 
for any jierson or persons to employ any canoe, boat or vessel in catching or taking oysters with 
scoop, scrape, drag or dredge, or any similar instrument, within the waters of i'oi-omoke 
Sound, in Somerset county; nor shall any person or persons take or catch oysters for sale within 
said waters otherwise than with tongs, as restricted and n^i^ulated l)y tlie iirovisions of the 
General Oyster Law in force in this State." 

" Sec. 2. And he it enacted, That any persmi or persons violating the provisions of this act 
shall be fined in a sum not less than seventy-five dollars nor more one hundred and fifty-doUarij 
for each and every offence, and shall stand c(nnmitted to th<> county jail until such fine and the 
costs of suit are paid.'' 

"Sec. 3. And he it enadcd, That on information nuxde under oath of any violation of the 
provisions of this act to any justice of the peace of Somerset county, he shall forthwith issue 
his warrant to the sheriff or any constable of said county. re(iuiring said officer to proceed 
forthwith to arrest the party or parties alleged to have been engaged in the violation of this 
act, and bring him or tliem before said justice at once for trial, and upon conviction shall be 
fined as re<iuired by section two of this act." 



()1 

" Si:c. ). And hi' il riKdied. Tluil ilic sa id jus( ire o]' (lie jii-nrc shall cillK.'f i;'i\-(^ the case an 
iinmediatc hcarini;-, (ir at the instance ol' 1 lie ]iat-ty or i)arties chary-ed, shall aiipoiiit smne early 
day, within the next live days Ihei'eal'tei', (o licai' tlie (•;;<!•. (lie party .or ]iarties (diaru'ed .L;-ivini;- 
such ii'ood and sufficient bail as said .justice shall rei|uii-e loi- jiis or their ai)iiearance ; and any 
party or parties i'eelint;- hiniscdf or tlieuisclvi^s a,^•^•rieved by an\- conviction or judu'nieut of said 
justice, shall have the ri,i;-ht to a]i])eal to the ( 'ircnit ( 'onrt for SonnT-^et ccninty, which shall heiir 
and d(>teriniue the same as other cases on a])i)eal."' 

"Si;<'. o. Andhe if cnarfcd, That this act shall talve cH',.,-! njion tlie consent and ratilication 
of the i)ro\ isions of this act hythc Ij-ui^hil'ii-e of the State of N'iruiiua, as re(piirrd by tlie 
compact between the Stal<'s of \'ir:4-inia, and Alaryland, in the year seventeen hnndicd and 
eighty-one." 

"Approved April ]<i. issn. ' 

In ai/cordance with the i-esoln1 ion, whiidi is gisen on pagi^ ■")•"), the (General Assembly (if 
iNlarylaud appointed -lohn T. JSond, V. ]\I. Lancaster and .lolin 11. ('oopei-, on the part of the 
Senate, and John 11. Handy, Sydney \\. ,AIudd and I. '1'. ( 'o>ton. on the ])art of the Mouse of 
Delegates^, to confer with the followiu'.i' committee appointed niidei- a similai" resolution !)y the 
Genera,! Assembly of \'iruinia : William Ma\ o and II. A. .\tkinson, .Ir, on the jiart of the Senate, 
and E. S. Phillips, Charles K. Stuartand N. II. ('hain]din,on the jiart of the llouseof l){degat<'s. 

The two committees met in Ivichinond, on I'ebruary 14, Is^li, and agreed upon the following 
rejiort : 

Mrst. That the following headlands on the I'otomac Uiver should be the ixiints l)etween 
which strait;ht lines should be drawn as and for the true boundaiy lines between the States of 
\'irginia and Maryland, under the award of J. S. lihndv and Charles .1. -ienkins, arbitrators 
ajipointed by the said States, to fix the said boundary lines, to wit: ('onimencing at Smith's 
I'oint, drawing finance a straight line to Cuiiit's Island, thence westerly to .Inditirs Point (a 
jioint on Judith's Sound), thence westei-ly to Sandy Point, thenci: to Ragged Point, thence to 
('hurch's Point, thence to White Point, thence to the rp])er Machodoc Point, and from Fpjier 
Macliodoc to Persimmon Point, thence to .Matliias Point, thence to ^hitonikin Point, thence to 
the land on the south shore abreast of Alaryland Point, to a point on the I'otomac creidc op])(isite 
[Marlboro' Point, thence to Ih'cnt's Point, thence to Clifton Point, thence toCockjiit I'oint. thence 
to Freestone Point, thence to High Point, tlu^m-e to Hallowing Point, thence to Whitestone 
Point, thence to Pi-i'ry Point, thenc(^ to Sh(»ridan I'oint, thence along the south shore to Al(>xan. 
dria, thence to Hunter's Point, thence to (iravell.x- Point, following the south shoi'e and the 
nnnxndm'ings of the river to the line of Mest Virginia and N'irginia. 

Sec(md. That oyster dredging should l^e prohil)it(;d in the Potomac lvi\er west, from a line 
drawn from Point Lookout, in Maryland, to the lieadland of Smith's Point, in N'irginia. 

Third. That oyster dredging should be prohibited in Pocornoke Sound. 

P^'onrth. 'Phat common rights of fishing and oystering shall be en.joyed by the citizens of 
both States in that part of Pocornoke Sound north and east of a, straight line, c(nnnn:^ncing at 
Watkins' Point, and running thence in a southeasterly direction to lju<iy P. ni'imb(n' four, as it is 
now located ujion coast chart numlier thirty-three, of the United States coast survey (sheet 
number three, Chesa])eake Bay, and chart No. 4 of tliis Report of the .Afaryland Oyster Com- 
mission), fded as a pai't of said award of said Jilack and Jenkins, making otf from a shoal from 
.Mesongo creek; thence with a straight line to tlie northern boundary of said creek. Xo rights;, 
in anycreek or inlet granted hereby by either State, and the riparian rights upon the shores, 
of said sound to be respectively protected in same manner as is provided for in the Potomac 
River by the compact of seventeen hundred and eighty-five. This line to be no longer Itiruling- 
if dredging is authorized bv either State. 



()2 

Fiftli. That there shall be couctnTeiit jvirisdiction between the States of Marylaufl and 
Virginia, by wiiieli the violators of the oyster laws may be punished in either State. That a 
concurrent law be passed restricting the takins.': of oysters for any lawful purpose in the Potomac 
iUver and that part of Poccnnoke Sound covered by the concurrent ai't from the first of October 
to the first of May: and that they l)e taken for plantiuii- or beddini;, and may be planted or 
bedded in tlie waters of either State up to and incliulint;- May fifteenth, and durintcall of Se]item- 
ber; aiul strictly prohibitiuii' their beintr taken for sale or p]antin,>r from May fifteenth to 
September first; provided, however, lliat they may be taken to be eaten within the county 
where taken at any time. 

'i'he said c(.nnmittees have rectunniended that tin- following act l)e passed to ratify and 
carry out the said agreement, entered into by them with each other, subject to the action of 
their resjiective Legislatures, as is witnessed by their siguatur(>s subscribed as follows: 

AVII.LIAM MAVO, 

H. A. ATKINSON, Ji:., 

On part of Senate of Virr/inia. 

E. S. PHILLIPS, 
N. H. CHAMPLIX, 
CHARLES E. STUART, 

* On part of House of Delegates of Virrii)i)a. 

.lOHX THOMAS BOND, 
E. M. LANCASTER, 
.lOHN H. COOPER, 

On part of Senate of Marytand. 

JOHN H. HANDY, 
LSAAC T. COSTEN, 
SYDNEY E. MUDD. 

On part of House of I>ete;/(ttes of Manjland. 

The following is a copy of tlu^ act which the Commission recommended. It was approved 
by the General Assembly of 'N'irginia on March 1, 1S82, to go into effect as soon as a similar 
act should be passed by the (ieneral Assembly of ^Maryland : 

•']. Be it enacted by tlic Oenerat Assenihtf/ of Mrr/inia. That the boundary lines between 
the States of Virginia and Maryland, upon the Potomac River, as found by the award of 
Jeremiah S. Plack ami. Charles J. Jenkins, arbitrators aforesaid, shall and the same are liereby 
declared to be as follows: Commencing at Smith's point, drawing thence a straight line to 
Cupid's Island ; thence westerly to Juditli's Point, a point on Juditli's Soimd ; thence westerly 
to Sandy Point; thence to Ragged Point; thence to Clmrch's Point; thence to the Upper 
Machodoc Point, and from I'pper Machodoc to Persimmon Point: thence to Matliias Point; 
thence to ^latomkin Point ; thence to the land on the south shore abreast of Maryland Point 
to a point on the Potomac creek, opposite Marlboro' l*oint; thence to Brent's Point; thence to 
Clifton's Point ; thence to Cockpit Point; thence to Freestone Point; thence to High Point; 
thence to Hollowing Point; thence to "Whitestone Point, thence to Perry Point; thence to 
Sheridan Point ; thence along the south shore to Alexandria ; thence to Hunter's Point ; thence 
to Gravelly Point, following the south shore and the meanderings of the river, to the line of 
West Virginia and Virginia." 



(13 

" -!. And he it fn itlwr eiuitied, 'J'luit i1 sluill bo unlawful for any porsou or ptM'sdiis or body 
fori)orat<' to ciredyc for oysters in tin- waters of the Potomac River al)ov(" a sti'aiylit line eom- 
men<'in<4- at Point T.ookout, in Maryland, and runniui; tlienci* across said river to the lieadlauds 
on Smith's Point, in Virginia, mentioned in the tii'st secti(ni of tliis art." 

"3. And he it enacted. That it shall Vie unlawful for any ikm-sou oi' persons or budy ciu'iioratft 
to dredge for oysters in any of the -waters of the I'oeomoke Sound." 

•'4. Anei he if enacted. That in eonsideration of the niutual concession <if rights made liy 
th(> States of N'irginia and ."Maryland, hereinafter in tliis section provi(h'd, tliat the citizens of 
each of said States shall have e(jual and common riij'hts of catchin.t;' and lakinu' tisli and oysters 
in all the waters of the Pocomoke Sound lyinj;' nortli and east of a straiylit line commencing- at 
Watkins" Point, in [Maryland, and runniuii- thence in a sontlu-asterly direction to buoy R, number 
four, as it is nuw located upon tin- coast chart, iinnilier t liirt \'-t]iree. nf the I'nited States Coast 
Survey, sheet numbei' three, (hesapeak Pay, tiled with said award of said Plack and Jenkins, 
inaking'otf from a shoal from IMessong-o cre(>k, and a straight line commencing al the end of the 
aforesaid line and running- by the shortest straight line thence to tlie n(jrtliern l)oundary line of 
said creek; provided, nevertheless, that neither of the said States, nor the citizens thereof, 
shall have, or be deem(>d to hav(> aci[uired, by rea.son of anything" in this act contained, any 
rights in aiiycrei'k or inh^t nniking into or Iiouudiuu- on said sinuid : and provided further, that 
the ri])arlan rights of the said States, resiiectix ely, and the citizens thereof, shall be the same, 
Mvith the same limitations and restrictions as exist by virtue of the compact betwe;Mi Wa said 
States, made in the ye.ar seventeen hundred and eighty-five, to Avhich reference is hereby made 
for the sanu' : and ]u-ovided further, that if eitlier of s lid Sliti'< slcill fail to jir.diibit, or having 
]>roliil)ited dredu-ing in any pai-t of i'oeomoke sound shall rejieal (lii> s:nne, then, and in that 
case, this section shall be no longer binding on the otlier." 

"5, And he if eiiKcted, That both of the said States of N'irginia and IMaryhiud sh ill have 
concuri-ent jurisdiction over all offences against this act, conimitted upon the waters described 
in the fcmi'th section of this act, as well as in th^ Potonuic River, and tlnut the offlcers of eitiun- 
State who may be empowered by the laws of said States, respectively, to enforce this act, shall 
arrest any person or persons, charged with the Ai(dation of any of the provisions thereof, the 
said person or persons so arrested shall Ijc taken ]>y the officer making such arrest and deliv(M'ed 
for trial to the proper authorities of the State of which they maybe citizens; and if any of 
the said persons so arrested be not citizens of either of said Stat<'s, then such persons shall be 
taken and d(div(n-ed for trial to the iiroper authorities of the State whose officer makes such 
arrest, unless there be at the same tinu' citizens of either of the said States arrested as ]iartici- 
])ants in in said offence, in which case said non-resident olt'enders shall be delivered for trial to 
the proper authorities of that State whose citizens ai-e at the sanu- time arrested as jiart ici]iauts 
in the same otftnice." 

"tj. And l>e it fniiJier enacted, Tliatit shall bi' lawful to c(dlect or take oysters for any 
law'ful purpose in the Potomac Piver, and that part of Poconmke Sound covered by tlie fourth 
section of this act, from the first day of October to the first day of May; and that it shall ])e 
lawful to take oysters in said waters for the ]>urpose of planting ov bedding only; and that they 
may be planted and bedded in the -waters of (>ither of the said States up to and including thi' 
fifteenth day of May, and during all the month of September ; and that the collecting and 
taking of oysters, whether bedded or not. in any of said waters, for any purpose whatever, shall 
be unlawful from the fifteenth day of May to the WvA day of September, provided that nothing 
in this act shall be construed to jirc-ihibit the collecting or taking of oysters in any of said 
waters, at any time to be eaten within or o])iiosite to the county wherein taken." 

"7. And he it enacted, Tiiat if any person or persons, or Inidy corporate, shall take ov catcli 
oj^sterswith dredges, or instruments other than oyster tongs, within the waters described in this 



64 

act, upon roiivictiou, lie, tlicy, or (if a corporatioiij, it and its agents and servants, sliall be pun- 
ished accordint;- to the provisions of law in that case made and provided for by the State or 
couimonwealtli where said conviction may be had, provided that in no case shall the punish- 
ment bo less tlian one nor more than three years imprisonmcnit, in such place as may be by the 
law of said State or commonAvealth provided, and forfeiture of the vessel, boat, or craft, its 
tackel, furniture and apparel, to Ije disposed of as may be pro\id(>d ))y the laws of said State 
or commonwealth." 

"8. Andbe it enacted, That if any person, or persons, or body corporate, shall violate the 
laws of said States respectively, with regard to catching or taking oysters Avith tongs in the 
Avaters described in this act, he, they, and (if a corporate body) it, and its agents and serA'ants^ 
shall, upon conviction, be punished according to the laAVS of the State or conimonAvealth Avhere 
such conviction is had." 

'•ii. And he it enacted. That all acts and parts of acts inconsistent Avith tlie provisions hereof, 
are hereby repealed." 

" 10. And })e it enacted, That this act sliall go into effect from a date a similar act may 1»e 
passed by the (Jenei-al Assembly of Maryland and become a law of said State." 

It Avill be observed that this act, as printed and imnctuated by tlie Auditor of Public Ac- 
counts, of A'irgjnia, says, ''Tlud it sliatt lie Jawfid to take of/sfer.s in said, ipaters for tlie lyurpose 
of 2)tanting or tiedding ont//" (section <ii; Avhile the recommendation of tlu; commissioners 
simply says that they may be taken for this purpose during all of September, ami froni May 
lirst to ]\Iay fifteenth, Avhile the beds are closed at these times for all other luirposes. In this 
respect the laAV of Virginia as uoav W(n"ded and punctuated does not exjiress the views of the 
commission. 

While Virginia has, Avith this exception, shoAvn her Avillinguess to accept tlie decision of tlu^ 
commission, our own ( ieneral Assembly rejected tlieir report, and on May •">, 1882, adopted the 
following hiAV : ' 

"Chai'tkk 301." 

"AN .VCT to regulate the taking and catcliing of oysters in the I'otomac iti\ er within the 
boundary lines of the State of Maryland." 
" SixTiox 1. Be it enacted, t>u the General As-se/nf/t// of Jfart/tand, That it shall T)e unlaAvful 
for any iiei-son Avhatever to take or catch oysters in the Avaters of the Potomac River within the 
boundaries of the State of Maryland, as li.xed by th<^ aAvard of the arbitrators, Jeremiah S. Plack 
and Charles J. Jenkins, appointed by tlie State of Maryland and the State of Virginia to ascertain 
and fix tlie l)Oundary lines l)etAV<>3n said States, in any boat or A'esselAvith scoop, drag, dredge 
or other similar instrument, until after .such i)erson shall have first obtained from the Comp- 
troller of the Treasury a license as i)rovided liy article seventy-one of the Code of Public General 
LaAVS of this State, to take or catch oysters in the Avaters of the Chesapeake Bay in the boat or 
vessel so licensed; and all licenses hereafter issued by the C!omptroller to take or catch oj'sters 
with scoop, drag, dredge or other similar instrument, in tlie waters of the Chesapeake Bay, in 
any boat or A'essel named in such license, shall be so Avritteii or printed as to include the Avaters 
of the Potomac River Avithin the boundary lines of the State of Maryland and below Blackstone 
Island, in said river, and shall authoriz(» the taking or catching of oysters by such jiei'son 
in such boat or vessel, in such waters of the Potomac River below said Blackstone Island, at 
such times and in such manner as may be authorized by such article of the Code of Public 
General I^aws as uoav in force, in the waters of the Chesapeake Bay. in this State." 



fJ5 

" Sill'. '2. All'/ hi' il J'li lihi'r I'lKjf/i'il. 'I'liut any Ihmvou violatiiii;' any of the iiruvisiuns nf tlu; 
l)re('t'din,ii' section sliail lie (IimmiumI naiilty of a misili'mcanor, and npon conviction thcriNil' brfore 
any ,jnd,i,'(' or Jnsticc ol' tin- iicac(.' liavin^ .jiii'isiliction, shall he lial)l(' (o, and sliall sutt'cr the sanu- 
fines and pi'nalilics prescribed ai^-ainst dredging- witlnMit license in the watersof the ('hesapeake 
Bay in this State."' 

"Ski. •">. A II'/ lir il eiiiiflf'i/. That it sliall be (he dnt,\' oT tin' conunandci- and depnty com- 
manders (if the oyster police of this Sta te, to a rrest aii.\ and r\ery pei'soii vinla tiiiu' the iiro- 
visions of this act, ami cany snch peixm before a, .indite of the ('ii-cnit ( 'onrt or .jnslice of the 
peace, most accessible and con\enien( : and aii>- .indue (U-. justice of the ]ieace of thisSlatc befoi-e 
whom sncl olfemh'r ma.\' be so carried, sha II luiAc .jni'isdict ion to ti'y and determine th<' said 
offence; ]iro\ idi'(l that any pi'ison so tried and c(nivicted shall ha \'e a li^ht of apjical to the 
Circni t ( "onrt of the I'onnt.X' where tried, in (he same manner as is ]nd\ ideil by ai tiide seveiit.v- 
one of ( he ( 'ode of I'nblic ( leneial l,aA\s of (his Stati' as now in fm'ce." 

"Sk(. a. All'/ hi' i/ riiiii-li'i/ . That it >liall not lie lawful for any ]ierson to take or catch oys(ers 
in the Potomac River within the lionndar.v lines of ( he S(ati.' of Mary land, wit h ton'^s, wit hont . 
first obtaining a license theiefoi', as ]ii'ovided for in arti(de •-•eventy-om' of (he ( 'ode of I'ublic 
(leneral Laws ol' this State: bnt any citizen of (he Stat<'of ]\laiyland. who has been a hmiii Ji'/<: 
ri'sideid of the State for one year, shall be entitleil to obtain the said license njion coinpl.\-iu!;' 
with the other re(|nirements of the sai<l aiticle of the Code of I'nblic ( ir-neral Laws ; any person 
presnming to take ov catch oysters with tongs in the Potonnic i;i\-ei- \\itliin the iKuindafy liiu's 
of this State, Mithont license as afoiesaid, sliall be srdi.ject (o all (he jia ins anil penalties pro- 
vided by article seventy-one of the ( 'ode of I'nblic ( leneral Laws against the illegal catching 
of oysters with tongs in the waters of this State; provided, howevei-, no snch licens<" -<lia!l 
authorize the taking or cat(diingof oysters in any water not over Iwelve feet in depth, with 
scoop, dredge, or seine, or o(her instrnment, or in any creek, inlet or tiabntary of said ri^'er." 

"Sf.c. ■■). Am/ III' it ciioi-li'i/, 'i'hat this act shall (ake etfecf friun and after (he dale of its 
l^assage," 

"Apiiroved May •"., is.s-j." 

Right or wi'ong. constitnt i(.inal l.v or uncon^titntiona lly, t his is now a law of Mar.\'land, a iid 
i-;honld either be enfon-ed or rejiealed at once. 

If our State is the hiwful owner of (he oyster fisheries nf thi' I'otonia'c Lixer, we should 
enforce and maintain inir rijjhts. and on the other hand, if the citizens of X'irginia have, in 
common with our pen]i|e, ( he liuht to t hese fisheries, onr. S(a(e should a i once repeal this law 
aiul adojit the reconunendations of (he commission of ISSi.!. 

It should lie easy to test tliis question, and we therefore reconunend that, if (hi'' aid of ^Fay 
3, 18S2, is not imm(Mliately repealed, another hiAV be passi.'d, directing om- of the s(eam vessels 
of the State Lishery Lorce to jiroceed forthtt'ith to the I'otomac h'iver, to arj-e>t all persons 
found taking oysters in tlu' I'otomac without license from t lie State of [Maryland, and to seiz(! 
all floats and apparatus so used, and to convey the sanu' to a .justice of the peaci^ or to a jud.ge of 
the ('ircnit ('onrt, to be dealt «'i(h according to the provisions of the act of May •"., fssi'. 

Your commissioners are not ipialified to give an opinion upon the legal ownei'sliii) of the 
oyster fisheries of the Potomac, bnt tliey wish to call attention to the fact that our State has, 
by two separate leaislative acts, recognized, since the award of 1S77, the rights of the citizens of 
A'iru'inia. Thus section L".:! of the act of March lo, bSMO, says that /Jie prorisio/ts of f7u's (c-f. 
s7taU not (ipphj to fite '■itist^n.s oj' t/ia State of Vlrgi.yiia: and .joint resolution No. 17, of January, 
18'S2, says that chapter tkirty-fsl.r "(off an art concerninij the taldiKj and catching (f of/sters 
in the PotoiiKC lUcer * * * ret/nires tJie assent <f l/ie Genera/ Asseinh///, if the State of 



(5(5 

Vir(///i/(t. i( ndi'.i- the compart between the States of Maii/tand and Virginia, in the i/ear sereii- 
teen Itnndred and eie/ht//-iire, that the tiame niai/ become effectire. 

Wluitcvei- view is tlu' tnie one, Ave cannot express in too stroni:' terms onr reyret fur tlie 
vase ilia I iuL;- imliev of a Leyislatnre wliieli in .lannary appoints from amonu' its members a eom- 
mission to meet the commission of a sister State, to adopt measures for the protection of 
common projierty, and in May of the same year, decides (act of ^hly ;>, issi^i that tliis sister State 
liad at the time no interest in the jiroperty. 

It is chiinn'd iliat X'ir^unia, by adoiitini^^ the recommendations of the joint commission 
and ))y passing- the lav of March 1, b'^Si', has revolved the conqiact of 17.s-"i ; but this law, like the 
.Mar>lund law ol' March \-k IX'^d. or two years lielor(\ contains tlu' provision that it shall not 
lake ctfecl until it shall be aiiinoved by the other Stat(\ and it clearly has no beariuu' whatever 
ui on the ownershi]) of the I'otomac beds. 

< )nr reflection of the report, upon this .irronnd, after the apiiointmi'ut of the commission, is 
nn)re wortliy of a ]ieltifoi;uinu" lawyer than of the Legislature of an honorable State. 

'Hio position 'of Maryland in tliis matter is childisli and niuliiinitied in the extreme, and in 
a very nnfavorable contrast to the attitude of Virginia, altliouuli the i;(>neral oyster policy of 
the latter State is no nmre satisfactory than our omii. 

The laws of N'ifi^iina upon the oyster industry, are fully a> unwise and inefticeid as onr own, 
and your commissioners do not believe that onr State should adopt tlie system which Virninia 
now i'mi)loys. but the (pu^stion with reference to these water> now is •• protection or no ]iro- 
tectionV" So luuu" as these waters are without stnue leual I'rotei-tion. however unsatisfactory, 
it will be impossible for our Fishery Force to enforce our laws in other parts of our waters, and 
it is clear tha.t the responsibility for this state of thiuus rests with our own iKmjde. 

The pnlicy of prohibit inu' dredging is unwise, ami the clo>ed season, accordinu' to the hnv 
of N'iriiinia. is different from the cnu' at iiresent le,i;aliz(>d in ^laryland. but these considerations 
are of trifliny- inii>ortaiu"e compared with the necessity for securiui;' protection of some kind for 
our biu'der beds. 

Your couunis-^iouer- had no direct interest in oyster leu'islatii»n at th(> tinu' the subject was 
discu<-(>d by the (ieueral Assembly, and they therefore know nothiuLi' n^u-ardiuLi- (he discussion, 
but the followinu' lettin- from Joseph B. Seth. of Talliot County, which ajijieared in the llaltimore 
Smt of iH'cember sth. iss:',. i^-ives the reasons which are said to have led to the rejectidu of the 
rej'ort : 

•• A prominent sidiject of discussion in the papers for a day or two past has been the (lues- 
tion of the oy>ter interests of the States of Maryland and Virginia in relation to the I'otomac 
River. While 1 admit that the ai'tion of the Legislature i^f tli<> resjiective Stales during- the 
session of issi' is correctly stated by (lov. Cameron, I (iiul that he. and in fact tlu> public 
generally, fail to appreciate the condition of the snbjec-t whii-h led to the action of the Maryland 
Legislature at that session, and therefore request the use of your columns for a brief explanation 
in justifieatiou of that action, and not having been a member of that body I feel that lean 
do so impartially." 

'• Few per.s>)ns in our State have studied this question or are properly informed of its status." 

'■ The (pu'stiou of boundary line between the two States was long an open and embarassing 
om\ and gave rise to repeated conllicts and troubles in relation to tln^ fisheries of the I'otonuu- 
and Poccnnoke. and in order to avoid these repeated conflicts and troid)les the two States entered 
into the compact of ITS."), l>y which the citizens of the two States were permitted to use the 
said Uivers for fishery in common. At the time of this action the oyster question was of little 
or no importance, ami did not come into notice for more than a half century thereafter. We 
must bear in miml that this compact embraced tlu> Pi>tonuic and I'ocomoke Rivers, and our 



i;, 

lMMi])li" (•(intiMid that the t(M'in river, as tlieii used. \vas iiiteiuled aud did einhrare what is ihiw 
<'alled i'di'oiniike Sound, wliih' \'ii-,tiiuia- restricts the term to tlu' uiijiei- and uan-ow part of th<' 
fstreani, \v]ii(di is almost l)ai'r('u of oysters." 

" It is true that the rejireseutat ivcs froiu Somei'set county fou'it'ht the report of the 
committee because their citizensare most interested, l)ut their fiu'lit was tlic fiu'Jit of this State." 

" Tlie grounds of ojipositiou ai-e: l'"irst, tliat iiy tlic ( iraliam-l'.lack award of isTT the 
boundary liiu' has l)een fixed, and the bindini;' force of the compact of ITs") lieen annulled, and 
all necessity f(U' its e.vist(nic(> renn)\('d. Second. That if 1 he compact is to cont imu' in i'orce it 
should secure to the citizens of Maryland the rii^hls of lishery in comnnm in the I'oconndse 
in accordance with the sjiiiat and iident ion of I he c(un|iacl atllietinu' it M'as made ; and third, 
that the bill as repoi'ted in iss-J would iuive put it entirelx' l]ey(nnl the ]lo^ver of the State of 
^laryland ever a^i-ain to have ojiened the (pu'stion \\Mthout tiu> concun-eni action of the State of 
A'irn'inia, whiidi could not be had. for (his I'eason the House of lieh'.;'ates in issi' refused to 
pass the bill reported and sul)seijuently passed the bill introduced l>y .Mr. Miles, wliich bill 
assunu'd the control of the i'otoniac under the award and le,t;islated in i-elation th(>r(do as if it 
was oui- separate ]U'operly, ami 1 sincerely re^-ret that dui-in'_;- tiie two years Just ]iassed the 
(pu'stion has not Ijeen cari'ied, under thai bill, to t he Sii]ii-eme ( onrt. and t he ipu'.-t ion of Juris- 
diction Judicially settled." 

" I think our Le,u'islature acted wis(dy. if the I'otmuac beloiiL^s to .Mar>l;ind let us know it 
and so treat it. The ifuestion of the oyster fisheries nf t he i'ulcnnac \\i 11 a Iways be one of i;i-eat 
]iei-]ile.\it.\' ami trovd)le if the two States are requii-ed to legislate Joint ly upon it. and we will never 
have anything' satisfactory. It ca-unot ser\ e two nnislers. I admit the i mpoi-lance and lu'cessity 
for li'n'islat i\ e ])rotection, but do not I hink our ]ieoi)le should act haslily. The Su])reme ( 'oui't 
<if the I'nited States has decided that the oyster laws of Maryland are con.stit utioual and that 
the Stat(> has e.V(dusive conlr(d of the bottoms of all bays, rivei-s and streams within the limits 
of its territory, so if the I'otomac is (Uii's, let us know it. So we should also know oui- i-iuhts 
in the I'ocomoke and iu)t lightly throw them away. 

"My advice would be to jiass a .joiid act of lu-otectiou, limited in diii-at ion, say to four 
years, and which would terminate wi thout t he ai'l ion of eil her State, and duriu'.;- t hat time h i ve 
thendative riuhts of the two States Judicially didermined. The oyster iiuesi iiui will be the 
most lu-ominent one before the I ,e.;-islat ure of |ss l. aiid 1 I hink' t hey wi 1 1 lie Ibrt unali' in ha \ inn" 
before them the \iews of all idasses interested. I'rixate iutei-e-t musi be l;iid aside and the 
(juestion dealt Avith as the u'reat commercial indnsti'y of the Stale." 

With regard to the (daim that I'ocomoke Soiiml slnnild Ic oinui to the citizens of both 
States, we must recollect that wdnle tlu' l'ot<unac and I'ocomoke li'i\ ers are houmh-d on one side 
by the laml of Virginia and on tlu' other by the land of Ma r)dand. t he w hob.' of I'ocoimike 
Sound south of the latitm.le of W'atkins" I'oiut lies eidir(dy wit hin thi' boundaries of A'irgiina., 
accoi-ding to the award of bs77, as w(dl as by the compacd of ITs.^ and b\' the (duirter of Lord 
r>altin\ore in Kio'i. None of these boundary lines ri'cognize any I'iglit on ihe ]iart (.)f Maryland 
to any lands soutli of AVatkius' I'oiid, but a reference to ( 'hai-t No. 1 ol' oui- i-eport will show that 
the reii(.)rt of the Commission of ISS-J (hn-^ gi\e to our tieojde the i-ight to fish for oyster.s 
upon a very considerable area south of the boundary. 

The rep(.>rt, ■which has been accepted by the .state <)f N'irgiina. gi\(v- to us the right to fish 
anywhei'e to the northward and eastward of a line fi'om W'atkin.^' I'oinl. \\hi(di is on the 
bouiulary, to Red Buoy No. 1, which is entirely in \'irL;inia, and from this buoy to the north 
jHiint of Messougo Creek, whi(di is also in N'irginia. 

A reference to the chart whi<di accompanies this rep(U-t will show that more tlian half of tlie 
productive oyster area which is open to the people of both States in I'ocomoke River and Sound 



(i.S 

lies t<i the south of the bouiuUuy, and actually in X'ii'uiuia. So far as this area is couccruod tlio.- 
report of tlio joint ('oininissioii of ].S8"2 is a lilicral nnn[irouiise on the part of Yirifiuia. 

Tlic siiiijili'st solution of the (liRii'uUy would bi' the reeo.^-nitiou of the riii'lit of eacli State 
to exclusively control tlu^ bottoms withiu its own boundaries; but we sliould by this lose 
mor(» in rocoinokc Sound than wi^ should i^uin there. 

If the I'otoniac l\iver oyster !^-ronnd'< beloug'ed entirely to u<, we should not liii'htly throw 
our rig-hts away ; l)ut the enactment of a law to proliil)it dredying iu the river, and to adopt 
the Virg-iuia (dosed season would not do this, aiul as wo have already reco^'nized l)y the compact 
of 17S.") the rig'ht t.)f N'irginiaus to fi>^h in these waters, the acceiilau<'e of the report of tlu^ joint 
cominission would not (diann'e matters 

As the law of Virg-inia is annulled by the passage of ourlaw of May •".. lss-_', we recommend 
that our legislature pass a law prohibiting dredging in the I'otomac ami I'ocomoke Rivers, 
and in I'ocomoke Sound, and ado])ting the Virginia (dosed season ; and that lli(> necessary steps 
be taken to secure the ratification of this law by AMrginia.. 

We also recommend that the ownership of the oyster fisheries of the Potonuic within our 
own boundaries be decided, and tliat if these beds b(dong inc(unmonto tlie ])eopleof both States. 
a joint commission b(> appointe(l to prepare and recommend nn^asures foi' their protection and 
development. 

Si-,ciioN \'ir. — * )x rui; OvsTKi; l''isiii:i!ii> oi' ■i"AN(;ii;i; Soi-xn. 

Your commissioners itelie\e, as the result of their jiersonal examination id' the working of 
the State l-'islu-ry Force, that one of the nu>st serious hindrances to tlie tliorougli enforcement 
of our laws, is the existence of local laws giving to certain counties the rigid to permit dredging" 
without a. license from the State. 

The history of this subject is as f(dlows: In JSTIa law was passed (chapter 137) whiidi,. 
as ameiideil by (diapter lO-l, (d' the act of l-ST*!, and (diajiter •']-"iO, of the a(d of ISTS, gives to 
the (derks of tlu' Circuit Court (d' Dondu'ster ami Talljot couuties th<> right to issu(> to any 
resideid of these counties a liccnsi- to n~e any boat of not uuire than ten t(Mis capaidty for 
dredging in cei-ta in sjiecilied waters of the Choiitank River uiion tlie payment of two dollars- 
lier ton annually. 

The a(d. of 1^7 1, (diajder :214, as amended by (duijiter '-Vl'). of tlt(» a(d of 1S7,S, and by 
cha]der •■'>27, of tlie a(d of 18S2, gives to the (derk (d' the Circuit Court of Dondiester c(unity a 
similar right tn issue to residents of the county licenses to dredge, witli Ixiats of not more than 
ten tons ca])a(dty. in specified iiortions of the Choptank River and Tangier Sound and its 
trilnitaries. 

The act of 1S(;7, (diapter 1211, permits any citizen of Somerset ccmidy, who holds a State 
license to dredgt> in the Chesapeak(> Bay, to obtain from the clerk of the Circuit Court, upon 
paymeid of ten dollars annually, a license to dredge for oysters in the waters of this county. 

These laws seem to be worded with sufficient care, and the pracdice of apportioning our oyster 
lands out among the counties would be a good one if the counties could be relied upon to preserve 
the l)eds from destruction, and to enforce the laws, it is plain, however, that the people of the 
State at large should not be taxed to support a, navy for the protection of property of Avlii(di 
certain counties have the ex(dusive use, and which pays no revenue to the State Treasury. Your 
c(.immissioners also sulnnit that they find, by personal examination, that the local laws are not 
enforced. 

In November, 18.S2, we visited tlu^ waters of Dorchestei- and Somerset counties, oti Tangier 
Sound, and found upon the beds hundreds of vessels, of more than ten tons capacity, engaged i 



fid 

in dredginix for oystiM-s without disiilayiug a State license uuiiilier, as required by law. In one 
day we counted eighty-six vessels tluis engaged, and in both Dorcliester and Somei-set counties 
the average size of the dredging vessels was al)0iit tliat of the vessels whicli dredge, uiuhu- State 
license, in the bay. Out of more tlian one hundred, not one was within the legal limit of ten 
tons capacity. We failed to find among these vessels a single one which was licensed, as re(iuired 
by the local law. It is true that we did not overhaul and (inestion all of them, as this would 
have consumed all our time, and W(ni]d have defented tlu' object of our visit, the examination 
of the condition of the l)eds. 

At our request the commander of the Fishery Stennier LclLi, arrested the cajitain of one of 
these boats, and took him before a magisti'ate. We were unable to remain to hear the concdu- 
sion of the case, but we were afterward informed that the oH'enderwas promptly acquitted. 

We were informed by ( Jeo. T. Roe, nnigistrale, of Deal's Island, Somerset County, that he 
himself issued i'.5(> local dredging licenses in bs.si, and that this year, 1.SS2, he knew personally 
•of only two dredgers in his district, Avho had conformed to tlie law and taken out licenses. 

In view of these facts we reconnnend that the State assume the exclusive right to licens(^ 
and regulate dredging within our waters, and that all hiAvs confei-ring this jiower ujion local 
authorities be repealed. 

Tn our examination of the oyster iieds we accidently disrovei-ed a practice which is so dan- 
gerous that it should be prohibite<l by law. A dredger who was arrested by ('a])t. Mitclndl at 
our request, said that he had not yet received liis license, Imt that he had ]ia,id his license money 
to the commander of the fishing sloop of his district, although he had no receipt to show. Wo 
afterwards found the C(nnmander of this sloop, ami when brought aboard the steanuu- and (pies- 
tioned he admitted that he did sometinu's receive the money for licenses in this way, but that 
he took out the licenses as soon aflerwai'ds as possible, and retained them in hisi)ossession until 
he had an opportunity to deliver them. He also saiil that, in such cases, he did not usually 
give a receipt, as the dredgers were ac([uainted with liim, and wanted none. 

We do not affirm that this practice is followed in order to evade the laws, but we res])ect- 
fnlly submit that the temptation for the dredger to coni|iound Avith the fishery officer for 
immunity from arrest is very strong, and we recommend that a law be passed to deidare that no 
vessel shall be used to take oysters in this State, unless it shall have on board, at the time it is 
thus used, the license retpiired by law, and that the penalty for the violation of tliis law shall 
be the same as the penalty for dredging without a license, and we also recommend that any 
fishery officer who shall receive a license fee from an oyster fisherman withfint, at the same time 
delivering to him his license, shall forfeit his bond to the State, and shall be removed from his 
position, and shall not again be employed ujkui the fishery foi-ce. 

SEt'TioN Vni. — Os 1HK 8'iATE 1! i;\'F,N IK I'lioM I III: ()^■sTl•:l; Ini>t>trv. 

While this subject does not come strictly within the province of the t'ominission, we fe(d 
that our work in the held has given ns oiiportunitie«< to make suggestions which may serve to 
increase the revenue. As long as our present policy of raising revenue by licenses is adhered to 
we cannot expect any very great increase, and the depletion of the beds must, in any case, affect 
the incouie of the State. We believe that the true interest of our peo]ile demands private culti- 
vation, and as this will increase the auiount of productive and taxable r(»al estate, it will eidarge 
the most important source of public revenue. 

In the meantime certain changes should be made in our present iiolicy. 

As there are six or seven hundred dredging vessels, all of them very much alike in apjiear- 
ance, the only way for the officers to determine whether dredging boats have complied with the 



70 

license law is to ol^scrvc NAhcthcr they diH])lay licciiye iiuinl)t'rs, and it is assumed that any boat 
wliicli is nunilxTod is iilso proporly licensed. 

As a duiilicate number can be made by any one witli a ])aint brush and a little black painty 
there must be a strout;- temptation to evade the law by counterfeiting tlie numbers or by using 
old ones, after the license has expired. 

We therefore recommend that eacli officer of the fishery force be required to keep a daily 
record of the numbers of all di'edging boats in his district and of the beds upon which they ar& 
working, and to transmit a copy of this record, once a week, to the Oyster Commissioners, who- 
shall b(^ i-e(|uircd to eutiM-. in a lioolc k(>]>t for the ])urpose, after the number of each dredging 
boat, the jilaci' where it has l)een seen on each day. Whenever this record shall show that the 
sanae juimber luis been seen in one day at two distant points, the commander of the fishery force 
shall issue an order to all officei's to overhaul all vessels which exhibit this number and to ex- 
amine their license. 

We also recommend tlmt, as the State bears all the expense of protecting the tongmen, all 
money received for tonging licenses and all fines received for the violation of the oyster laws be 
paid to the State Treasury, to the credit of the oyster fund. 

Your Commissioners do not believe that, even under our jiresent oyster policy, our method 
of raising revenue is the best one. Nearly nine-tenths of our oysters are consumed outside our 
State, and we believe that the revenue and the expenses of enforcing the laws should fall 
upon these consumers, rather than u]ion our own people. We do not recommend any change, 
but we beg leave to call attention to the subject, and to suggest that the repeal of the license 
laws and the imjiosition of a tax upon all oysters handled by wholesale dealers would cheapen 
oysters to our own ]ieople. and would put most of the expense upon consumers outside our State. 



Section IX. — ().\ 'iiii'; A i)\wAr.ii,ii'\- oi' hniniNo orii ( )ystki; Ai;ka into Oi'k.n and Closiod 

IhsTltK'TS. 

We hit ve shown, in a preceding section, that we cannot hope for any marked improvement 
in the condition of our oyster 1>eds through the enforcement of laws closing them for certain 
months in the year. 

The rapidly increasing demand for oysters must lie sui)plied in one way or nnother, and the 
effect of a closed season is simply to gather th(> o\'stermen ujiou tlie beds in greater numbers 
than ever at the end of the season. 

This is equally true whether the closed season is long or short. If our waters, or any part 
of them, should be closed to the public for a term of years the oysters would increase and 
multiply and finally restock the beds. It is difficult to state exactly how long a time would be 
required, as this depends ui)on the condition of the beds. When there are plenty of mature 
oysters to supply tlie spat, and id«Mity of clean sliells for the young to fasten upon, a few 
years will suffice to restore tlie bed, but after an oyster bed is thoroughly exhausted there is no 
reason why another natural bed sliould ever grow up in the same spot rather than auywhei'e else, 
and ill any case the closure of certain districts cannot increase the supplv beyond its natural 
limits. In certain parts of France the oyster territory has been divided into secticms and each 
section is iished in turn while the others are closed and left to repair their losses* We are 
told by a ret'ent French writer that while the provinces which have made use of this system 
have been able to preserve their beds from complete ruin they have not been abl(> to increase 
their fruitfulness or to restore them to their ancient splendor. 

Even if tlie waters are loaded with spat from adjacent beds there is no reason why the 
vouiig should gain a foothold on the site of the exterminated bed. Between the natural beds 



there are areas wliei'c |]ie liotloni is jierfectly adnpted tor oysters, except that tliere is uotliiatr 
for the spat to fasten to, ami an extenninated luitural lied is iu tlie same eoiiditioii. 

The rey-rowtli of such a ))ed is, therefore, exactly like th(> ()i'i,i,nnal foriiiation of a natural 
bed, and it must l)e a veiy slow process indeed ; how slow it is very dilTicnlt to say, as we have 
very little information wliicli will Ijelp ns to decide, althoiiyli we haxc facts to show that 
a century may not be lonii" enouiih. 

When New Mnii'land was settled then- were Ncry many \ahial)le beds between Cape Cod and 
the noi'thern limit of onr coast. ]\[any of these bed* were destroyed so lony ago that we luive 
no records of the dati^ when tliey ceased to br ])rodiictive, and others were yielding oysters 
about one lumdred years ago. There are still a few scatti'red oyst(^rs at certain points on the 
coast, and we can be sure that the conditions are still favorable, but there is no evidence to 
show that any of these !>eds have liei-ome i-estocked, although smn*' ol' them have certainly 
been untouched for two liundred years or more. It is jiossible that the beds which were dis- 
covered l)y the bnited States Coast Survey in ISTI, near I'lyiuouth. New Hampshire, have grown 
there siiu-e the oysters were exterminated, a hundi-ed years bebir('. 'I'liis region was renowned 
among the Indians for its oysters, and in l(J'.t7,a river empting into tin* hay was knoAvn as Oyster 
River. One liundred years a uo a number of vessels were loaded with oysters there, but since 
that time the r(:'gion Tias yielded no oysters until fsT t. when the oflicei's of tluM'nited States 
Coast Survey found about a do/.iMi large beds or cluster of heds in ahout ten feet of water. 

It is impossible to st.ite whether these b >d.s occupy the place of the heds which were exter- 
minated a century ago, luit it is probable that most of the old Ix'ds were in shallow water. 
The bay must have contained enough oysters to furnish spat, ami as m.) new beds have grown 
up in shallow water, we arc; forced to concbute that, even when spawn is present, a jx-riod of a. 
hundred years is not enough to restore a l)ed wliich has l)een comi)letely d(>stroyed. 

Very fortunately for us none of our own l)eds are as yet comjiletely destroyed, and ther(^ is 
still an abumlance of spat iu oni' waters, and while the shells are nowhere^ as a1)unda.nt and 
clean as they should be, nuist of tnir beds could, in all probability, be restored to a toleral)ly 
jirosperous condition by five or six years of rest. 

It is imjiortant, however, to keep clearly in mind the fact that this remedy would not meet 
the real difficulty, as it could, at the best, do no more than restore the natural supply. It would 
do nothing to inci'ease the su]iply-l)eyond its natural limits, and as the demand is now far in 
excess of the natural jiroductixt^ powerof our waters, the i-estoi'ed l.ieds would very soon i)eagaiu 
exhausted and left in a worse condition ihan ever. 

The adojition by the State, of a plan to clost> certain districts long enoU'_;-li for the beds lo 
recover, would, undoubtivlly, didny tlu' wiU'k of extermination, Init it woiihl also cause an im- 
diate decrease in the sujiply. 

We believe that if our jtresent policy is c(jntiiiut'd, measures of this kind must Ix.' adopted, 
but Ave believe that su<'h an expedient can have only a ti'inporary value, as it will do nothing in 
itself to enlarge (Uir oyster area, or to increise the jjroductiveness of our waters. 

Your commissioners i-ecommend this plan, not as a remedy for the evil, but as a means for 
arresting the destruction of our oyster property until better me(:hods can be introduced. 

We believe that the districting plan is neither a real rtunedy noi' the Ix'st metliod f<u- 
arresting the destruction. H is the best wliicli can be x)ut into force without delay, but while 
recommending it, we feel that it is our duty to call attention to the fact that ttiere is a still 
better method, althougli it is one which would require cousideral)le time, and the expenditure 
of large sums of money. 

['luler natural conditions each l)ed is able to yield a certain number of oysters each year, 
and wlienever this number is exceeded the l>ed suffers, and if the practice is continued it must 



72 

be desti'oyed. It makes no diffei-euc(> whether the oysters are taken in one month or in twelve, 
or in one year or in five. Tlie ultimate effect upon the bed is the same in all cases. 

In the absence of measures lor artificitiUy increasing tlie productiveness of the oyster 
grounds, or even when such measures are employed, the only way to etfectually protect a bed is 
to examine it each year, and to learn how many oysters it can furnisli without injury, and to 
take such step-^ a- uiiy b > ncce-^-iiry for preventiu'^- each bed from bcin.u' di'awn ujiou in excess 
of its capacity. 

When the natuiMl beds are small and few in numl)er, it is easy to do this, and the plan has 
been employed in some part< of our own country, and also in many parts of Europe, where a 
few f;"uai'd Ixiats are enou'4'li to i>rotect tlie Ix'ds and to learn how many oysters are taken from 
each one. 

'I'lic waters ol' Maryland (m\('i,- U'-arly one-third of tlie whole area of the State, and as oyster 
beds are found in nearly all oiii- waters, there are vei'y .u'leat practical difficulties; and the attempt 
to learn how mauv ovsters are taken, and how manv slmuld be taken from each bed, demands 
great executive ability and a lari^'e and \vr\l trained and e<inipped police force. Our present 
Fishery ]'"orce is totally inconi[M'leiit to und(M'tak(> sncii a work, and no force could do it eflB.- 
eicntly without devoting two (U' three yiars to or^-aniz;it ion and to preliminary work. 

The restriction of the crop accordin;;- to the ca])acity of the lied is absolutely necessary, and 
it must be brouLjht about in (uie way (u- auother. 

The re.snlt can be reaidn-d by a system of intellii^'-ent private cultivation upon grounds held 
for the puri)Ose upon Ioul;' leases, or deeded outright by the State ; for personal interest is the 
strongest motive which cai: exist to prevent the needless destruction of propertj'. 

if all our oyster area were divided up into private holdings, th(>. whole covrld be watched 
and itscoudition and cai)acily mncli more carefully nnd exactly ascertaint^d, than can ever be the 
case under State nninagemeiii. and an enlightened system of lu'ivate cultivation would be the 
most sure safeguard against the exhaustion of the beds. 

The most enthusiastic advocati' of lu-ivate cultivation can have little hope of witnessing 
such a change as this in our oyster |)olicy very soon, and the iiistory of the wanton destrucdion 
of the timber lands of all parts of the Kastern ['nited States shows that even private interest 
may. in the absence of sound education, fail to produce tlie desired result. 

In any case we cannot look for efficient i)rotecti<)n from this source immediately, and in the 
meantime the State should iiro\ ide, as (ini(dcly as possiljle, for the annual examination of each 
bed, and it should ascertain each year how many oysters each bed can furnish without injury 
and it should enact laws to prevent this anuiunt from being (exceeded, and it should furnish 
means for enforcing the>e laws. 

We do not believe that there is at present any person who could do this wisely and efficiently, 
and we believe that the oyster interests should be put for a term of years into the hands of a 
commission composed of competent per.sons, who should be employed to study the subject and 
to gain the experience which is needed for devising a practical method of protection. 

The first step, the survey of all the beds, and the construction of accurate majis, would 
employ a large and well ec|uipped force for several years. 

In another part of our rejiort a plan ftir reorganizing the State Fishery Force will be found, 
This plan has been drawn up by one of your commissioners who is W(dl fitted, by liis past 
training, for handling the subject, and if his recommendations are adopted the oyster beds 
could be surveyed and mapped, in two or thrcM' years, without great ex])ense to the State After 
all the beds are mapped a large force will still be needed to make the annual examinations and 
for obtaining the data which are needed to determine how many oysters each bed can yield 
without injury. 



The enai'tinpnt anrl Puforcenieiit of the neoessaiy laws would even then present many 
ilifficnlt and ('oniplicated problems, but if our public beds could be placed for a term of years 
under the supei'vision of an officer or a commission to study the subject, and to superintend and 
direct the survey and examination, and to develop a plan for protection ; audit competent persons 
could be found to devote themselves to this work ; and if an efficient navy, under the command of 
ti-ained officers, could be emi)loyed to act under their supervision and direction, a practical and 
efficient plan could no doubt be devised and put into execution within two or three years. 

The expense would of course be cousideral)le, iMit it would soon be repaid to the peojile of 
the State. The magnitude of our oyster industry and its almost unlimited i>ossibilities, seem 
to demand the organizatiDU of such a (h'|iartineiit. but the State rould not expect an immediate 
return for the expense. 

No efficient plan for the annual e.\amiiiati<m and thorounJi jirotectiou of each bed can1)e put 
into force without two or three years of preyiaratory work, such as snrv(^yin,u- and mapping 
the beds, organizing and training the force, and studying the jiroblcniand devisingand enacting 
laws. 

In the nieantime something may Ite done by more simple means, and we accordingly submit 
a plan, which should be adopted immediately, for dividing our Avaters into districts. 

As it is impossible to state, at present, how long it will take for any particular bed to 
become restored, we recommend tliat certain areas be closed for an indefinite time, and that no 
one be allowed to take oysters M'ithin these areas initil exaiitinati(ni shows that they are 
sufficiently restored. 

The closure of a yiart of our waters will, of coui'^e, diuiinish tli« sujijily of oysters, and 
we therefore Ix^lieve tfiat the total area, which is closed should be only a small jiart of tiie whole 
oyster area. 

Tt is plain, also, that if the wliole of the closed area were in one jiluce the residents of the 
lands bordering upon it would be unfaii'ly ti-eated, as they \\ould be comjielUMl to go to a great 
distance for their oysters. 

We thei'efore recommend that, tf) meet these difficulties, the system of districts whicli 
is shown in colors upon the accomiianying charts, and which is more exactly described in another 
j)art of this report, be adopted. 

We recommend that our waters be divided into two areas : "A Shore ( )yster Fishery," whicli 
is colored blue, and a "Deep Water Oyster Fishery." which is colored red and yellow. We 
recommend that no dredging be permitted within the blue area or " Shore Oyster Fislieiy," l)ut 
th;it this be reserved for tongmen and plautei's exclusively, although we recommend that a 
liccnised tongman be also allowed to take oysters on any grounds whej'e dredging is permitted. 

We also recommend that one-third of the total area of tlie "Deep Water Oyster I'Mshery " 
be absolutely closed to the public for an unspecified time, and that this closed third Ije divided 
into five narrow belts across the bay, separated from each other by wider Ijelts where dredging 
shall be permitted as at present. On the charts the five narrow closed districts are cohu-ed red, 
aiul the six open districts are colored yellow. 

'J'he yellow area is therefore the only ]iart of the bay and its tributiiries where we recom- 
mend that dredging- be permitted. 

If this plan is adopted, the dredging ground will be considerably reduced, and the supply 
of oysters for a, few fears will be diminished. l)ut there is no iielji for this until thesup]>lyis 
increased l)y artificial cultivation. 

We also recommend that a proper seawortliy steamlioat under competent officers be kept 
ui'on duty at all times, by night as well as l)y day, on each of the six open districts, which are 
colored yellow, to prevent unlicensed dredging, and to protect the shore oyster fishery from the 



74 

depredati(3n.s (if dredgerw, and to guard the closed areas, and to survey and examine tlie oyster 
beds. 

"We also recommend that a steamer be placed upon the Potomac River for the same purpose, 
and that an extra steamer be kept in reserve, to relieve any disabled boat, and to be used by th& 
commander of the Fishery Force in inspecting the work of his subordinates, and to be used by 
the Oyster Commission in their examinations. 

We have already called attention to the fact that this districting plan will not in itself, lead 
to any permanent improvement, and that it is nothing but a temporary expedient to arrest the 
destruction of our beds. 

In another part of our report we therefore recommend that active measures be employed to 
increase the sui^ply of oysters by artificial means, upon two of the closed districts, and we also 
recommend that any person who is authorized to appropriate ground for the cultivation of 
oysters under the five-acre law, be permitted to select these five acres within the closed districts. 



CIIAPTEU VI. 



o V s'l' K l: ;• 1. A N I I N (i . 



OysttT plaiitiui;" is the jilaciiit;' ni' small or " srcil " nyslcrs 141(111 liottonis •\vliirli arc t'a vorablo 
to their t^rowth. Tliere are many bottoms where there are no nalnral oysters, simply liceanse 
there is nothing upon the .around for the spat to catch upon, (U- because they are not in phices 
to which spat is carried, and tliere are other bottoms which are so soft tliat a very young and 
small oyster w<iuld lie buried in the mud and killed, although larger ones are able to li^e and 
thrive in the mud. In all these places oyster planting can be carried on \vith profit, for while 
it is true that tlie total numl:)er of oysters which are borne is not increased by planting, the 
number which reacli maturity is greatly increased, f(U- the young oysters fasten themselves su 
close togetln-r and in such great numliers, that tln^ growth of one involves, under natural con- 
ditions, the crowding out and destruction of hundreds of others, which might have been saved 
by scattering them over unoccupied ground. 

Planting also adds very greatly to the value of oysters, as they grow more rapidly and are 
of better quality when thus scattered than they are upon the natural beds, and Ingersoll, in liis 
" Report on the Oyster Industry of the United States," quotes the statement of Captain Cox. of 
New Jersey, that thirteen dollars worth of small " seed " oysters yiejded, after they had bi^en 
planted for two years, oysters which were sold for .?114, besides about thirty bushels whicli 
were used as food by the planter's family. 

Oyster planting can be carried on only on private grounds, and it cannot flourish iii a. 
community which does not respect the right of the private owii(>r to the oystin's which he has 
planted. 

The " five-ai-re law" of Maryland puts it within the power of any resident of the State to 
obtain land tor this i)urp)0se, but the industry has never attained to much importance here, 
partly on account of tlie al)stuic(^ of sufficient ]»rotection, and ])ai'tly no doubt through the 
feeling that our large and apparently inexhaustible natural lieds render private enterprise 
unnecessary. 

In Virginia more attention has Ijeeii gi\en to planting, and in some of the States uorlh of 
us all the land which is fit for the purpose is thus occupied. In many States, as in Delaware, 
a great part of New Jersey, and especially in Rhode Island, the natural beds have been so 
heavily drawn upon that they long ago ceased to furnish any marketable oysters, and they are 
now valuable only as a source from which a supply of small oysters can be gathered each year 
for planting. The spat from the few mature oysters Mliich escape the flshermen and that which 
drifts into the l)eds from the planting gi'ounds and from the scattered oysters which still exist 
in ju-otected places keeps up the supply from year to year, and its value is increased hundreds 
of times by the planting system. 

The industry does not require a large capital, and it can be carried on with profit on a very 
small scale, although the oysters need constant and intelligent attention. In all places where 
it has been employed it has added greatly to the prosperity of the communities which have- 
engaged in it, and has greatly increased the population of the shores along which it has been 
encouraged and protected. 



7(i 



rliaiiiicl ai'c ]>iil)lic property, to lie con- 
as to secure ttie greatest u'ood to the 



A writer about thirty years ayo states tliat the prosperity and rapid increase of the popula- 
tion of Staten Island is chieily due to the eucourngejuent and growtli of the oyster phinting in- 
dustry. At Prince's Bay, on tliis ishiud, tliore has lieen some planting- for more tlian sixty years, 
but before the bottom was laid out in private plantations there were very few persons living 
there, and the land was almost uncultivated ; while in 185;{ the number of inlia])itants who de- 
pended directly upon this business for suijport had increased to over ^JXiO. 

In some of the Northern States oyster i)lanting has been in existence for many years. Tn- 
gersoll states that oysters luive been planted in "^'ork Bay, in New Jersey, since 1810, and that a 
suit was brouglit in Shrewslniry, \ew Jersey, at aliout the same date to determine wliether a 
man has the exclusiv(> right to the oysters which he has planted. 

Tlie liistory of tln^ oyster industry of Klioile Island tiiruislies an interesting illustration of 
the value of an intelligent system of planting. 

.Ml Ijottonis between high-water mark and the shij 
tndled and administered liy tlie Stnte in such a wav 
greatest number of its citizens. 

In lS(i"i laws were passiMl allowing the leasing to private citizens, for a term of years, at an 
•annual rental of .?!(• jx'r acre, of any bottoms wliich are covered with water at low tide and are 
not within any harbor line, to be used as a private oyster fishery for the planting and cultiva- 
tion of oysters, whether these lands contain natural beds or not, and efficient laws were enacted 
for the prot(^i'tion of ])ri\ate rights. 

The effect of this measure has been good in every respect. The revenue of tlie State has 
been greatly increased, and it is stated that the rentals of tlie beds will in time pay all the ex- 
jienses of the State go\erunient. 

The price of oysters luis decreased, and the supply has become so abundant that only oue- 
tentli are needed foi- the hmne market, and nim^-tentlis of the annual sup]ily is sold outside the 
State. 

In LSI).") oysters sold for §1.7-") jier solid gallon ; in l-sTS flic ]ii-ice was iSl.l.') to $l.Ti, and in 
ISTIi it had fallen to WK<('.)'> cents. 

In bSO.j the jiroduct of the State was 71,.S<)4 bushels, while in IST'.t it was (;(i(),.")(Hi bushels. 

The area which was used for planting in isTii was only SKJ'i acres, yet this area paid $6,i")82.90 
into the State 'i'reasury : it employed a capital of over .$1,000,(100 ; it paid i?12o,O00 in Avages to 
the people of the State: it furnished the market with n()0,r)()0 bushels of oysters, with |!()80,oOO 
to the producers, and it gave supjiort to 12, loo persons. 

The following table gives th(> revenue of the State from the rent of the l)eds for each year, 
from IHU'i, when the present method was adopted, up to l.s78, and also in ISS-i and in 1883: 



lS(i.-) if ':!; :w 

]HW, {Vi\ -JT 

18(i7 l,o6s 50 

18o8 1,814 40 

ISG'J 1,040 to 

1870 1,527 O") 

1871 -',l^(i fWi 

1872 2,772 <.)', 



187;! $ 4,4S3 88 

1874 4,007 O.-) 

187.^ 5,27(! 00 

1876 5,;TO0 00 

1S77 (-.,045 25 

1878 {i,582 00 

1883 !),741 00 

188:5 11,000 00 



Until within the last year the Rhode Island grounds have been used only for planting, and 
most of the seed oysters are purchased from otlier States, yet the planted oysters sell for three 
or four times the cost of tlie seed, and it is doubtful whether there is any farming land in the 
United States which yields as great a profit to the acre as the 1,100 acres which have been used 
this year fiu" oyster ]ilanting in lihode Island. 



claii-0, satiii-.itiiiL;' it wil li sail, di'-li-oyiii'^' all injurious y-crias, and Iraiisforniiim- it, In a wnrd, 
into a iiiariuc l)()ttom. As soon as it is siipposinl tliat tliis offect is produced the i^-ati' is ojiciied 
and the surface paved; that is, it is first smootlied over, and then pounded until it lias the even, 
compact appearance of a tlireshiu.'^-floor. In about two luoutlis the bottom of the chxire will l)e 
ready for tlu* reception of tlie oyster. The lin-eders to sujiply these claires have, up to the 
Ijreseut time, had recourse to oysters taken dirci-tly from tin' sea, either fi-om banks near at 
hand or along- the coasts of Brittany, and brou'-;ht in bulk in coastiuu' vessels, in order that the 
products should ])e of a good quality and tliat tlu' re^-imcn of tlieclaire sliould have a beneficial 
iuflueiK-e upon tin' oysters contaiueil therein, it is nec(:>ssary that they should not be (ilder than 
from fifteen to eig-hteen mouth-^. (U- larger tlian from five to seven centimetiu-s in diameter 
(about two iui-lies). Tlu' breeder culls tliem. cleans tluuu, chooses the best sha]ied ones, and 
then scatters them with a. shovel over the surface of tin' b.asiu. Afterwards they are all 
arranged by hainl so that nothing shall hinder their develoi)mont or interfere with the opening 
of their valves, hi this nuxmnu- about loO.OOO can l)e a<-commodated upon a hectare (about li. H 
acres) of surfai'e. The claire is then filled with water, wliieh is maintained at a uniform dejitli 
of ■■)(» to .'v") centimeters. Tliis water, as lias already l)een said, is renewed only at tlie spring- 
tides, and at tliis time the water in the claires is uec(^ss;irily very much raised in level, and 
consecpiently th(> most active su[)ervision is necessary, for the heavy pressure njion the dikes 
may produce l)reaks or fissures whieli it is neeessary to repair immediately or widesiiread 
disaster may result. During or cold hot weathei- or sudden changes of temperature the breeders; 
maintain the water in tlu' claires at a higher level than the ordinary, in order to obviate the 
destructive action of the frost in wintei' or the rapid evaporaticm and heating of the water iu 
summer. Nm'ertheless, the construction of the claires does not always jiermit of accidents fi'oni 
these causes being guarded against, and sometimes the result is an enormous mortality and the 
ruin of the breeders. Moreover, the water by remaining in the same ])asin necessarily deposits 
there a certain amount of sediment which contimuilly accunimulates, being added to at each 
high tide, and especially during tlie equinoctial tides, thus placing the oysters iu no slight 
danger. To remedy this evil, since it is impossilile to prevent tlu' deposit of mud, the breeders 
always have certain unoccupied claires into which they transfer the oysters from the muddy 
claires while these are l)eing cleaned. After a thorough cleansing tliey are left empty until 
it l)ecomes necessary to clean the other claires, when the oysters are transferi'ed back to their 
old quarters, liut certain of the breeders, not willing to allow ])ortions of their land to lie 
unjiroductive, content themjjelves by cleaning the bottoms and then replacing the oyster-, in 
theii' old inelosure, always soiled witli mud. It is useless toenunu-rate the defects of thisin-ac- 
tice, which can only produce iufei'ioi- results botli as to <piality and numbers." 

" Such, in a few words, is the industry of tlie breeders of Mareimes, and it is this which we 
shall take as a guide, !♦' not asa model, for deljarring certain imperfections, it presents the most 
rational and best coml)ined principles. If the l)reeders were in the habit of ol)taining tin- 
germs necessary»to )'estock their claires from the claires themselves, if tliey liad constructed 
their ponds so as tc be able to raise the level of the water contained in them frcmi one and ont;- 
half to two meters, and had subjected the water from each tide to a certain amount of stagna- 
tion before enterirg the claires, so that it would carry with it as little mud as possible, thei'e 
would be notliing lackingin their methods ; it would simply Ije necessary to copy tliem. Let us 
profit, then, 1)y n.V. that is valuable in their industry, such as it is ; let us borrow from the cla ires 
all tliat can lie b( -owed, all that long e.\peri(Mice has proved efBcacious, and then add the iiu- 
jn'ovements suggt ^d by our recent studies, and with these elements combined we shall luive 
an excellent guid >r the future service of breeders iu constructing and working their clairc^s 
and live-ponds." 



80 

"A claire or live-pond can be establislied upon any ground where tlie altitude above the level 
of the sea is sufficient to enalde it to be cov(n-ed by the tide, not every day, which would expose 
it to a too frequent deposit of mud, liut at least twice per montli and during five or six days 
eacli time. And as a l)reeder should never be content -with one claire, however small his estab- 
lishment may be, a series of basins can be made, either in one or two roM's parallel to the coast, 
along tlie surface sloping to the sea, and all hriving the same level, it would not lie prudent, 
however, to liave so many that it would be necessary to place them at different levels, or in the 
form of .steps, since in this case the lower ones would receive water more frequentlj', and even 
be submerged and e.vposed to a more frequent deposition of mnd. Mhilc the upper ones would 
receivf; very little water. Hut if it becomes necessary to construct claires in a series of steps 
at ditfcrent levels, either because of a restricted amount of surface, or to utilize pre-existing 
basin-, they ought never to be used indifferently tor oysters of all ages, because the conditions 
offered In' tiie up]ier basin- would lie nincli more favoralile tVir young oysters, and only when 
they have attained a cei'tain size and a greater decree of vitality sjiould they b(> placed in the 
lower apartment-." 

"Th(>soil of the bottom of the (daire demand, according to its nature, different kinds of 
treatment. If it is argillaceous or muddy it should be cleaned and leveled, leaving the central 
]iortion higher than the borders, then pounded to give it solidity, and ffually covered with water 
until the bottom i> tlun'oughly saturated, when the water can l)e allowed to run out, and the 
botttmi on(;e more pounded while it is drying. If tln^ bottom is sandy if is necessary to render 
it impermeable, so that the water may not leak out, and also to couMilidate it. To accomplish 
this the ground is worked over and covered with a layer of cour.se gravel or fragments of shells 
ujion whicdr is laid a layer of (day ;>i) to 40 centimeters (10 to 12 inches) in thickness, which is 
t\un\ treated as already nuMitioned for Uio marly bottoms. A bed of concrete answers the same 
purpose, and while it is mcn-e costly it is more durable. A pavement of blocks of sandstone or 
porjihyry. &<•., similar to those wliich are used in the pavements of certain of our cities, care- 
fully jiointed with (day or hydraulic cement, will also make an excellent bottom. Uut the clays, 
especially the reddish clays ami the bluish marls, should be preferred in all cases where one 
wishes the oysters to possess the greenish tint to which the oysters of Marennes owe their celeb- 
rity. Snrrouuding the ground thus prepared are built tlie dikes whi(di are to retain the water 
in th(^ Ijasins. These sliould be at least "J ineters in Indght above the bottom, so that a depth of 
water of from l.-'x to l.SO meters can be maintained over the oysters, notall the time, as generally 
a depth of from ."!•") to .•'io of a meter is best, but Mhen it is very cold to prevent the injurious 
effects of frosts, and when it is very warm to prevent the Avater becoming too salt from evap- 
oration. These dikes should be constructed very solid, so as to resist tlie great pressure which 
is brought to bear upon them at every sijriug-tide, and should also be covered upon the inside, 
tlie same as the bottom, with a layer of (day or hydraulic cement, so as to prevent all leakage, 
which is very disastrous in these basins, since the Avater is renewed only at long intervals. 
Since these earthen dikes are lialde to be injured, making it necessary to go to' the expense of 
frequent repairs, it would be best, in my opinion, to construct them at first in nnisonry of rough 
stones and cement, and give them solid fomidations. The upper portion of the larger of these 
dikes should lie sufliciently broad and firm to permit the woi'kmen to traverse them easily and 
without danger, for all the necessary manipulations of working and inspection. If the height 
of th(> ground permits, these (dair(>s can lie formed by excavating in the sol I earth, in whicdi 
cas(> it M'ill only lie ne''essary io cover the slopes of the banks with a lay ■ of stones set in 
cement. This system moreover will alhnv of the utilization of lands sligl y above the level 
of the tides, so that by uniting the two systems one can arrange three o' en more rows of 
claires all upon the same level." 



Oiii- little reveiuu' t(i the State 'J'reasury of aljoiit fifty thousand dollars from nearly a 
million acres, sinks into insignificance "wlien compared with the eleven thonsand dollars which 
Rhode Island receives from her (deven hundred acres, and her beds are constantly iuiprovin^- in 
value, while ours are rapidly becoming worthless under our present policy. 

in the early days of lihode Islainl oysters were found there in the greatest alnindauce, but 
althougli dredging was forbidden in 1 Ttii;, under i)enalty of ten pounds fine, the natural b(Hls have 
been so depleted by excessive tonging that they are now of little value, and they supjily only a 
very small i)art, less than one-eighth, of the seed used in i>lanting. 

The only place in the State wlnn-e seed oysters can now be olitained in any considerable 
(]uantity is a little strip of about five miles iu the Seekook River, where the oysters are not 
marketable on account of their vivid green color. .Vs the oysters lose this color when trans- 
planted for a few months th<\v are used by the planters, and the lied yields from five to ten 
thousand bushels a, year. )\'ith this e.\ce[)tion nn:)st of the seed oysters an^ jmrchased outside 
the State. 

A synopsis of the hiws by which this industry is regulated and in'otected in Rhode Island is 
i;'i\('n on a later page of this report. 

We have, in another i>lace, given figures to show that if all thearea of our own State which 
is proper for oyster planting were used in this way, it would, if no nwre ]>rofitable than the oyster 
gronruls of Rhode Island, bring the inconceivable sum of two thousand million dollai's into the 
hands of the ])lanters each year. 

AAI.T1-; ol' I'l. \NTI.\0. 

The oyster industry of Delaware furnishes on instructive illustration of the value of oyster 
planting. The natural beds of this State are not ecjual to a two-hundredth part of those of our 
State, but under a law whi(di allows any citizen to appropriate fifteen acres of ground where 
there are no natural oysters, upon payment of a fee of iJ2o, and an annual license fee of $'■] per 
ton for the lioat used, a system of planting has grown up which is encouraged Ijy piil)lic senti- 
ment and is a great source of wealth. 

Nearly half of the million buslnds of seed oysters whicli are ])lanted annually uimui these 
beds ai'c tiiken fi'om our waters, and they cost the planter less than twenty-five cents ]ier l)ushel, 
]iut down upon his beds. These oysters are taken up \\ithin three or four months and are tln-n 
sold for more than eighty cents per bushel. 

As the boats whicli gather these oysters are retpiired to hr owned in Maryland and to ])ay a 
State license fee, the sale of seed oysters for twenty-five cents a bushel outside the State is lujt 
illegal, but it is surely unnecessary to point out that, so long as there are unoccujiied planting 
grounds within our own wattu's, this is ecpiivalent to the loss of fifty-five cents per bushel, or 
over iJii-lOjOOO a year. The true remedy, however, is not ' to la'ohibit this exportation, but to 
encourage in all possible Wi\vs. a planting industry in our own waters, and thus to bring this added 
value into the pockets of our own planters. As long as there is no one in Maryland to use 
these 4SS,000 bushels of seed oysters, it is for the i^ublic interest that the people of Delaware 
should be allowed to buy them, and make them W(U-th eighty cents instead of twenty-five cents 
but it is to be hoped that our own people will before long, appreciate ami seize upon this great 
oiiiiortunity for an almost unlimited investnuMit of industry and caiiital. 

j'lM'.Ncii ('i,Aii;i;s (ii; fat'I'kninm; I'onos. 

.\ method of oyster planting in artificial ponds has been highly developed iu Francu', where 
it is found to yield an adequate return for the labor and capital invested, as oysters fattened in 
this way sell for •")() per cent, more thin those fro-n Iheniiiiral b 'ds. Tiie inethoil involves 



7.S 

cousidcnLblc laboi", aiul it is dinibtfiil wlictlici' tli" pri(;c of oysters in tliis coimtry is as yet liigli 
enough to render this industry [irofltabh', but as our State eoutaiiis thousands of acres of hind 
whieli is at present of no vahie wtiatever, wliile it is perfectly iidapted for the construction of 
oyster ponds, we shall give such an account of the French i)onds as will enable anyone to ex^ieri- 
luent in this direction. As our winter cliniatf is ninch more severe than that of the French 
coast and the rise and fall of the tide very slight, some changes in the arrangements of the 
ponds will l)e necessary, but there is no reason why the same general plan should not be fol- 
lowed here to great advantage as soon as the price of oysters increases sufficiently to warrant 
the hiboi'. We are indebted to a recent French work upon the oyster (Guide Practique de 
L'Ostreicnlture et Precedes d'Klevage et de Multiplication des Races Mai'ines Comestibles, par 
M.Felix Fraichejfor the following facts regarding the construction and management of artificial 
oyster ponds or cdaires. 

'•AIMll-Ii'lAI. KASI.NS."' 

'•Cla/'re.s, lioe-pondu, parks, A-c. — I'ora long time past the breeders <>f Marennes, at the mouth 
of the Sendre, have employed, for fatteningand perfei'ting oysters, artificial basins called clalreSy 
a description of wliich we now propose to give, ilecommended by a long experience, they seein 
to us, save for the necessary improvements wJiich we shall mention, the best model to follow in 
tlie construction of artificial breeding ponds. 'Die claires are basins of variable form and ex- 
tent, but generally with an area of about two to three hundred square meters (abouf the same 
number of square yards). Situated at a short distance from the sea, and with the waters they 
contain at a higher level than the mean height of ordinary tides, it is only at the iieriod of the 
sfjring-tides, or at each ne-w .and full moon, that the sea rises to their level and supplies them 
anew with water. The best claires are those wliich riM-eive water periodically from the sea, 
during ahout three days before and three days after each highest tide. This period of renewal 
for the claires is tliat which experi<'nce has found to be the best, and it determines the maxi- 
mum altitude al)ove the sea for the construction of these reservoirs." 

"Around (^ach claire is built a levee or dirt wall, called a yard, about one meter in height and 
thickness. This yard retains the water filling the basin, and upon it the workmen pass to and 
fro in inspecting and working the claire. .V flood-gate closes a sluice in one side of the wall, by 
means of which the sea water is admitted to the basin. This gate also regulates the lieight of 
water within the basin, and if desired, the basin can be entirely emptied by opening it wide. 
All £.round the inner circumference of the yard a continuous trench is dug, to receive the mud 
deposited in tlie basin from the stagnant water, for if this mud should be left in tlie basin the 
oysters would soon be smothered. In order to facilitate the clearing away of the mud into this 
ditch, a slight slope is given to tlie Ijottorn of the basin, circnmscriljed by the ditch, from the 
center towards the borders, so that the surface is sensilily convex. Some breeders dispense with 
this ditch ; in which they are probably wrong, for if it di>t?s not prevent the deposit of mud, it 
at least retards it and lessens its effect. Its use cannot be judiciously dispensed with, unless the 
water has a long distance to run from the sea and is given a chance to settle before being admit- 
ted to the claire, so as to enal)le it to part with the greater share of the mud which it carries." 

" In order to prepare the ground of the claire for the reception of oysters, it must first be 
cleared of stones and all v(\getation which may cover it, then the necessary slope from the 
center towards the sides may bo given it. The ditch is next dug and the yard thrown up. Then 
with the sluice-way made and the gate in place the claiw; is ready to be filled with water 
during the first high tide. When the basin is full the gate is closed and the water retained 
after the sea has returned to its ordinary level. The sea-water soon penetrates the soil of the- 



EXPLANATION OF PLATK V. 

Ficriii-: 1. — ( i-dss-^ei-tioii ; and 

Fku're 2. — ]')ir(rs-ey(' view of two rows of artificial potuls for rearing' and fattening oysters; 
from " Fi-aiche's (inide I'raetiijne di' l/Ostreiculteur." Two of tln^ iiouds are sliown in sections 
at C (", the one dug into tlio bank and the other on tlie same h'vcd Imt nearer the open water. 
Tlie sides or shapes of tlie foi'nier, B ]!, consist of a facing of rongli stones, cemented togetlier; 
wliih- tlie sides of the latter, IV. ]>', are tliick stone walls. \' V, Sluices and gates for the 
admission of water ironi the sea. ^'', Sluices and gate between two tif the ponds, to allow the 
entrance of watei' into one. only after it has remained for a certain time in the other, or to 
establish the same levid in both. S, IJasin for the deposition of the sediment contained in tlie 
sea water which enters through the gate Y". It can also T)e used as a sui)ply reservoir. T T, 
Canal through which the water enters from the sea. 

Fkurk :] ANi> FioriiE 4. — Fi-ames for su])porting tile collectors. 

I'lonti: •"). — liundle of tiles fastened to a stake for collecting s]iat upon muddy bottom. 

FioiUiE (i. — Pincers for cutting uji the tiles in order to separate the oysters from each other, 
for planting. 

(Figures •'!, 4, ;j and fl are tn)m llausser's Report on "FTudustrie lluiticre dans le Morbihan."j 

Figure 7. — Frames for nse in the bo.\ collector shown in I'late XIII. 

(\Vi- arc inili'litcd to Priil'. S. ]■'. Baird. SuyeiiiUi-iuUnt l'. S. Fi>li ('oii:nii?siuii, lor tlic use oT tlic lif;ini-s iu this jilale.) 



i;i:i'(»KT MARYLAND OYSTKU COMMISSION. 



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"As to the expense oi consti'uctioii, I Jud.Ki' it will 1)0 about the saiiK^ for the two iiiothods, th(^ 
•excavation in the one coiiipensatin.i;' for the masonry in the other. Mnally, to a\'oi(l or at least 
retard the deposit of mud, resultiuu- from the stat;'nation of the \\ater, the claire should not re- 
ceive a new supply of Mater from the sea without ^'ivinii' it a chance to dejiosit tlie ^'reater part 
of its sediment, which can lie accomplislied by keepi?ii;- it toi- a certain leniitli of time in a 
special basin. These basins themselves mi,i;'ht be made of servici> by ]iroviding tlu'in with 
yates and sluices, and usinu' them as breedinu' oi' fatteniiiL;' ponds for musscds or other mariin^ 
animals. Plate V, figs. 1 and "_', gisc a bird's-eye^ view and also a ci-oss-section of I wo rows of 
claire-- M'ith their feeding' and imrilyiim- basins. The f(dlowinu' exjilanations will snfliciently 
explain all the details given, ('.("represent two <daire^ seen in sectiim, the nne dug into the 
baid-;. the other on tlie same level l)ut uearei' the oi)en water. Tlie sides or slopes of the formei', 
I), r>, consist of a layer of rough stones cenuMited together; the sides 1!', 1!' of the second are 
fornu'd of thick walls, altoni two meters in height abo\'e the bottom of the claire, and about 
l.-lti meters in tliickness at the bottom and .To to .SO of a meter at the top, Avith an e(pial slope 
upon either side, ,/', /', of llie bottom of eacli claire, the center Ijeiny- higher than the sides by 
al)ont ..'it) of a meter." 

•■ \', \', sluices and gates for the entrance of watei- from the sea." 

'• V, sluice and gate between two of the <daires, to allow the entrance of water into one, 
only after remaining a certain time in the dtiu'r, and to establi.sb the same levels in both com- 
]iartments." 

'• .s, ba-^in for the deposit of the sediment contaiiu'd in the sea-water A\'hich enters through 
tlie gate \'''. It can also be used, if desired, as a supply reservoir, for the claires during the 
intervals between the siu'ing-t id(\-. in tins case it should be constructed in the same manner 
as the claires themselves, so as to retain the Avater stored in it. ()therwise it Mill only tjo 
Jiecessary to nnike the dikes of dirt. in any case it ought to bi' pi-oportioned in size and capa- 
<Mty to the (daires wlilch i( supplies." 

'■ ']', T', canal througli whiidi the water enters from the sea." 

'■ By the aid of th(> slui(U'-ways and gates in this canal the Avater ca,n be a<lmitted directly 
iido the (daires without entering the outer basin at all. This could be done in case the outer 
basin were utilized for the rearing of mussels and there was danger of the spawn of the mussids 
entering into the (daires at the jieriodof rejirodnct ion." 

" Mi;i'iH)iis oi' woi.'KiM. ■yny. ( i.aii.'rs." 

'■ NoM' tliat enough has been said in relation to the ai>]i;iratus for collecting the young growth, 
and the construction of the breeding-jionds, tluM-e renniinoulya few words to l>e said concerning 
the method to be followed in commencing and continuing a ])rolitable artificial oyster culture. 
First, it is necessary to construct thi^ breeding-])onds whi(di, for th(! sake of greater pi-ecision, 
Ave call rJaires, taking as a basis for their extent the ju'open-tion of l.odO.ooo oysters to the 
hectare or KlO per s(piare metre, a, proportion which, if it is desii-ed simply to raise oystei-s, can 
be carried to HOO oi' (iOb per s(inare metr(^ or ■'> to <i mi llions per hectare; this is the propor- 
tion in the parks of the island of lie. l>uriug their construction, and in order to stock them as 
soon as they are completed, the young gro\vt]i is jirocnred by nu^ms of the (Collecting apjiaratus 
already described, or by some of the other forms, pi'eference being given to that which Avill 
answer l)(^st fiu' transportation, A-c., according to tlie distance to be traver.sed from the s)iavvuing 
locality to the breeding-pond. .\s six months of time at least must elapse after the ymiug 
growth have become atta(died to the collectors before they can be transported M'ith safety, the 
two operations, of constructing (daires and gathering the young, ought to proceed simultaneously. 



It i^ ill June that this wnri^ ;^lu)iil(l Ije undertaken in the ocean, and a little earlier in the Medi- 
terranean. When the clairesare finislied, and Lave a layer of jjure and fresli sea-water over the 
bottom, the oystei-sAvhicli have been brought upon the eollectors should l)e distrilnited as evenly 
as ijossjble with a shovel, and afterwards arranged l)y liand, so that they may not form piles in 
certain places, and lie entirely wanting over other sections. j\s the oysters should not remain 
in the same basin during the entire period of their growth, and as the young detached from the 
collectors are very small, they can be easily so arranged tliat three or four hundred can l)e accom- 
modated u]ion a sc^nare metre of surface, and afterwards, as they inci'ease in si z(\ they can be 
separated, so as to give more room to each. The time of this labor should lie chosen so as to 
end, if possible, at tlie jieriod of a spring-tide, in order that the yomig oysters, placed upon 
strange soil and in strange water, may be promi'tly refreslied by the inconiing tide, and covered 
with a layer of watei' sufficiently deej) to prevent any abrupt change of tt>mperature. During 
the entire first year it will be well if the water never has a less depth than about one metre, 
and a strict guard will be necessary to maintain tlie dikes in good condition, repair all Ijreaks, 
look ont for the deposit of mud, and if any takes place change the oysters to another claire 
without delay. Later, in proportion as the oysters increase in size, and are less affected by 
external changes, this constant oversight can be relaxed to a certain extent, Imt not entirely, and 
the level of the water may be lowered to from ."io to .."iOof a metre, always taking care, however, 
to increase the depth to l.V) to 2 metres during very cold or very warm weather. It will be 
readily understood with how much caution the level of these basins should be lowered, when 
it is remembered tliat it is only po.ssible to lill them again at quite long interval-^, eight to ten 
days generally, during which time, esiiecially in springand autumn, great changes of temperature- 
may take place, exposing the oyster to evils against which there is no remedy. For young- 
oysters, and especially during their first year's growth, the :nost formable enemy is mud. We 
have already spoken of transferring the oysters from a basin where the mud has accumulated or 
is being rajiidly deposited to another w'hicli is free from mnd, but this measui'e, wliich is 
excellent for oysters somewhat advanced in size, is not always satisfactory for the very young 
individuals; and besides, at certain seasons of the year the temperature would render such a 
change impracticable. I would connsel the breeders then to use for the first year frames of 
galvanized iron, about two square metres in superficial area, covered with a netting of galvanized 
iron or zinc wire, having meshes of such a size that the young oysters could not fall through. 
These frames could be supported upon four or eight legs from .20 to .30 of a metre in length, 
and arranged side by side in rows over the bottom of the claires, tlins forming a double bottom 
with a space lietween the frames and the soil sufficient to acc(mnnodate the mud, which would 
then never trouble the oysters upon the frames. They could be left in this position the entire 
year, without disturliing them. After this time they should have sufficient natural vitality to- 
be handled without danger, and could bepilaced upon the bottom of a fresh claire. Thus in the- 
rearing of oysters, since five years are required for an oyster to become of marketable size, it will 
be necessary to allot five claires to the reai'ingof one generation, and to establish a series Avhicli 
shall render the production continuous. One claire in five should, therefore, be iirovided witli 
the wire tables mentioned above. The necessary expense of their construction and introduc- 
tion would be compen.sated by the decreased cost of manipulation and attention, and the greater 
production from the claires. The employment of these frames would be nearly indispensable 
for basins along the shores of the Mediterranean, which, nearly always covered by the sea, 
arc more liable than others to be covered by a deposit of mud, which can be cleared away only 
at considerable expense." 

'• During the first three or four years of such an enterprise one should, in order to inocure the 
young growth necessary to restock the claires left vacant by the preceding generation, have 



recourse, as at first, to tJic movable collectors, and bring the young I'roni some natural bank : but 
as soon as n generation of oysters becomes adult, and consequently capable of reiiroduciuL;- the 
species, the claires themselves ought to produce all the young necessary to furnish the pnuds 
with a constant supply of animals. To accomplish this, about one month before the s]ia\viiing 
season collectors are disposed in those claires containing the adult oysters, it having first been 
ascertained that these oysters are nearly rii)e. The collectors ai'e cliosen at the convenii'nc(> of 
the breeder, according to the nutans and resources of th<' country where the clnii'es are situated, 
and become charged with young just the same as over the natuiul beds at sea, since before lieing 
taken from the ponds for market the adult oysters leave there a numerous progeiiy to replace 
themselves; as the germs ]iroduced are always vastly more numerous than the oysters which, 
produce them, if the breeder does not desire to extend his industry and increase tlie number 
of ponds, collectors need be i)laced only in one or more of the ponds containing adults, so thaj. 
the dennxuds of commerce can always be satisfied duvnig the five or six uuuitlis required to 
charge the collectors. Experience ])roves the efficacy of this process. Many times, despite tlie 
defective condition of tlieir claires, the breeders of Mareimes have witnessed their basins, 
depleted by a wide-spi-ead mortality, unexpectedly repeopded from a few oysters which liad 
survived the disaster, the young developing niion the shells of the dead oysters. The shells in 
these cases acted as collectors to retain the germs m hitii otherwise would have perished or been 
carried off by the first spring-tide." 

" Tt is perhaps to l)e wondered at, a.iid even regretted, that such facts should not have caused 
the breeders to see the immense advantage of making their l)asins jjlaces of production and 
growth, as well as fattening establishments. To-day, thanks to the light thrown upon this 
question Ijy the researches of M. Coste, the oyster industry can be raised aljove the condition in 
which it has been kept up to the jiresent time, by routine and iiulitference, and spread along 
our coasts, which have been threatened Avith misery and depopulation, 'ilie cons(>quences will 
be an eminently renumerative industi'y and a permanent soui-ce of labor, which will attiact t(t 
our coasts numerous and rolnist men, the future hoyies of our naval and commercial marine. A 
few figures, not cliosen l>y chance, but selected as a possil)le minimum, may serve to i)rove to 
my readers that T liave not exaggerated in qualifying the new industry as highly remunerative, 
especially when it is called to mind that the lands upon which this industiy is carried on ar« 
nearly valueless, and unsnited to any other sort of cultivation." 

"The price of a hundred oysters, of the ]\lnrennes variety, varies fi'om 1 ', to i", i'riuics. T.ei us 
then adopt the inMce of •'! francs, whi(di is less than a mean, as the average lu'ice per liunth-ed. 
Upon a square meter of surface in a claire we can raise from (id to 80 oysters, and it we take the 
minimum at 5(1 it will give ns. upon a hectare of surface, or about 2.^ acres, .'j(l(i,(i(in oysters, MJiich 
in about five years lavei-age tinu' of growth) would be worth, at -■; francs ]:vr huiulred, the -um 
of at least l-"),0()() frames, making a yearly revenue of ;5,(Mio francs or !?*)'I0. In ].S(;;3, on the island 
of Re, a sailor named INEoreau sold the first gathering from his park, which contained ouly ")tKi 
square meters, for ],.'jOO francs, making the revenue 20, 000 francs jier hectare, or .?■_', ISO pej- aci-e. 
Admitting what is evidently above the truth, that the expens(> of labt)r, repairs, supervision, 
iVrc, absorbs threefifths of this revenue, then the net profits would be 1,200 francs per hectare, or 
for the five years (),000 francs or $!1,200. But these calculations are based, as will be recognized, 
upon mean numbers, whicli are probably lower than facts would demand. It will readily be 
s(>en, then, that in five years a landed property of the value of at hnxst (i,000 francs or -I'd. 200 a' 
hectare or 2^ acres per year, can be established upon lands which before Avere unproducti\e and 
of no value. T think it can be said, without danger of exaggeration, that there are few, if any, 
rural occupations which in so short a time will give equal results." 

"As to the decrease in price of oysters, consequent upon the iiu'reased pjroduction of this 
mollusk, there is nothing to fear at present. Thanks to steam, the oyster can cross our entire 



84 

coiitiiiPiit witliont liGeoiiiin.i;' <lry on the way. < h\v coasts aro called upon to answer the demands 
not only of all France, Ijnt of otlicr conntries. The demands for a long period have been greater 
than tlie sup]ily. and we are too far as yet from the time when the sn])i)ly shall e(|nal the 
demand to includi' this anmn.u' the risks." 

In order to enconra.^'e experiments in tliis dii'ection in onr waters we recommmul the ]ias- 
sau'e i>f a law whicli shall ,i;-ivo to any one who constructs pomls uiion any lands of which he i.s 
the lawful occupant tlie exclusive rigiit to all oysters in the pond. 

In tlie chapter on oyster farmiuii' we show that these arlilicial pomls can he used for breed- 
in^;- oysters, and can thus be made to sui>ply seed for planting independently of the natural beds. 

Tlie various extracts and illustrations which we have given are surely enough to show to 
every oui> the advantage winch would acrue to oui- people ii' a thorougli system of oyster plant- 
ing could be introduced among u>. ami yet so little is this understood that the answer to the 
question '-Wliat c;iu be done to encourage the planting interest ".'"" in tlie jirinted list of ques- 
tions which has been distributed among the oystermeu by the commission was, in every case 
where any answer was given to this question, that this interest is already sufficiently provided 
for and does not niM'd any encouragement. 

As long as tlii- ignorance of tlie subject exists little I'an be done, and while it is easy to 
pi-rceivc that the marshy and almost uuinliabited shores of our tidewater creeks and inlets are 
among the most valuable binds in the State, and that they will soim^ime support a numerous 
and prosperous population of oy>ler i)lanters, it is of course im]iossible to hasten this by legis- 
lation in the absence of ;i desire to improve the ojiportunity. 

While le^'islation nlouecimnot develop a iilanliug industry in onr waters it can do much to 
prepar(.' for it. so that thin'e shall be no unueec,->;i ry obstacles to hinder any oiu' from opening 

the way. 

Your eommis.-ioner- ha ve ciirefully studied the laws of ^hiryland relating to plaUiiug, as 
well as the la\v> of tin' States wliere a planting interest has been di^veloped, and they have thus 
been led to recommend a numlu'r of changes in the existing law. 

'V\w most serious obslarle is tlie al)sen<-e of efficient protection for i)lauted oysters, as they 
are exposed to the dejiredations of both dredgers and tongmen. If private planting grounds 
could be iirotected fnnn tlie dredgers most of this difficulty would be removed, for the tongmen 
can be reached by the local authorities, who will hasc no difficulty in keeping them under con- 
trol so soon as public sentiment is in favor of so doing. 

The restraint of the dredgers within lawful bounds is a more difficult matter. To secure 
this we rec(nninend in the first place tliat the boundaries of the grounds open to dredgers be 
made straight lines bi'tweeu ]iroiniuent headlands, so that the oyster police shall be able to 
decide at a distance whether a dredging boat is at WiU'k on lawful ground or not. We recom- 
mend, in the second place, that the area wliich is open to dredgers be divided into districts 
small enough for one jiolice. steamer to thoroughly and constantly guard all the boundaries, and 
we also recommiMul that a sufficient nnmlier of steamers be built to supply one foreach of these 
districts. 

These measures, which are fully set forth in another part of tliis report, m-jU, as we believe, 
thoroughly protect planted oysters from depredations by dredgers. 

We ;ilso recommend that several impcu'tant changes be made in the law known as the "five- 
acre law," under which any resident of the State is allowed to api>ropriate five acres of bottom 
for oyster planting. 

At present no nat nnil oysttu' bed can be thus appropriated, and any bottom to which the 
public have been in the habit of resorting for oysters is a "natural bed." .\s oysters are found in 
all of our waters except the muddy bottoms of the channels, it is doubtful whetlier there is any 



85 

place ill the State whieli is tit for planting where Honie one cannot trnthlnlly aifirni that he has 
at some time gatliered natural oysters, and as the "natural beds" have never been surveyed or 
designated by law this provision of the law exposes all planting grounds to the depredations of 
oystermen. In view of the fact tbat the natural beds are rapidly losing their value, and that a 
law whicli allows any resident to cultivate and preserve and improve five acres of this ground 
does not give to one person any right which is denied to others, we recommend that the five- 
ai're law be so changed as to allow any resident to approjiriate five ncies in any bottom which 
is not already approi)riated. 

At present the holders of gi-ounds under this law pay nothing for the right, and they do not 
hold it on any secure tenure, since the Legislature nuvy at any time repeal the law. As we 
Ijelieve that there would be a much greater incentive tothe investment of labor and capital in 
oyster planting, if the planting gi-ounds were made as much like real estate as possible, we 
recommend that the State give to eacli person, who holds land under this law, a lease, \vhich 
shall make it his forever, and which shall subject it to all the laws governing real estate ; and 
we also recommend that in (U'der to obtain this lease, the applicant be required to purchase the 
land from the State at $1.00 per acre ; and that any persons, who now hold land undtu- the "five- 
acre law" be given a year to pay this price and olitain leases. 

The ])resent law permits the sale of planting grounds, l)ut no jx^rson caii hold more than 
five acres. W'o believe that this artificial limitation is disadvantageous and that tlie owner of 
an oyster-planting ground should be allowed to sell them as freely as he can sell his lands 
above water, and that a person who already holds five acres sliould be permitted to buy or to 
inherit any other ground whicli has been lawfully leased from the State; but while we believe 
that the five-acre limitation is disadvantageous we do not recommend its rei)eal at ]>resent,as it 
is a matter which can safely be left to future consideration. 

In some of the States where grounds are lield for private planting they are taxed like real 
estate, and the propriety of this measure cannot be questioned, as the holder of a valuable fran- 
chise should surely pay for protection in the enjoyment of his rights. \\'e believe, however, 
that the fostering of the planting industry is of more importance than an immediate i-evenue 
to the State, aiul we therefore make no recommendation regarding the taxation of private oyster 
ground, although we wish to call attention to the propriety and importance of such action in the 
future. 



CHAPTER Vir. 



() V Si' K n I' A i; M I \ t; . 



DKSCKTl'TION OF A NATIRAL }!KI). 

All examination of a Coast Survey chart of any i)art of the Chesapeake Bay or of any of its 
tributaries will show that there is usually a mid-chamiel or line of deep water, where the bot- 
tom is .yeiierally soft and where no oysters are met with, and on each side of this, an area where 
the bottom is hard, runuiuij from the edge of the channel to the shore. This hard strii) is the 
oyster area. It varies in width from a few yards to several miles, and the depth of water varies 
upon it from a few feet to five or six fathoms, or even more. But there is usually a sudden fall 
at the edge of the channel where the oysters stop, and we pass onto hard bottom ; and a cross- 
section of the channel would show a hard, flat plane, with oysters, on each side of the deep, 
muddy channel. The oyster bottom is pretty continuous, except opposite the mouth of a 
tributary, where it is cut across by a deep, mnddy channel. The solid oyster rocks are usually 
situated along the outer edge of this plateau, although in many cases they are found over its 
whole width nearly up to low-tide mark, or beyond. As we pass south along the bays and sounds 
of Virginia and North Carolina, we find that the hard borders of the channel come nearer and 
nearer to the surface, until in the lower part of North Carolina there is on each side of the chan- 
nel a wide strip of hard bottom, which is bare at low tide and covered with oysters up to high- 
water mark, although the oysters are most abundant and largest at the edge of the deep water, 
where they form a Mell-defined reef. In our own waters there is usually a strip along the shore 
where no oysters are found, as the depth of water is not great enough to protect them in win- 
ter. The whole of the hard belt is not uniformly covered with oysters, but it is divided up 
into separate oyster rocks, lietweeii which comparatively few can be found. 

The boundaries of a natural rock which has not been changed by dredging, are usually 
well defined, and few oysters are to be found beyond its limits. The oysters are crowded 
together so closely that they cannot lie flat but grow vertically upwards, side by side. They are 
long and narrow, are fastened together in clusters, and are known as "coon oysters." 

When such a bed is carefully examined it will be found that most of the rock is made up 
of empty shells, and a little e.xamination will show that the crowding is so great that the 
growth of one oyster prevents adjacent ones from opening their shells, and thus crowds them out 
and exte'rminates them. Examination shows, too, that nearly every one of the living oysters is 
fastened to the open or free end of a dead shell which has thus been crowded to death, and it 
is not at all unusual to find a pile of five or six shells thus united, showing that number two 
had fastened, when small, to the open end of number one, thus raising itself a little above 
the crowd. After number one was killed number two continued to grow, and number three 
fastened itself to its shell, and so on. Usually the oysters upon such a bed are small, but in 
some places shells twelve or fourteen inches long are met with. The most significant character- 
istic of a bed of this kind is the sharpness of its boundaries. In regions where the oysters are 
never disturbed by man it is not unusual to find a hard bottom- extending along the edge of the 
shore for miles and divided up into a number of oyster rocks, where the oysters are so thick that 



87 

most of tlieiu are crowded out and die long before they are full-grown, and between tlie.se bed.s 
are areas where not a single oyster can be found. The intervening area is perfectly adapted for 
the oyster, and when a few Inishels of shells are scattered upon it they are soon covered with 
young, and in a year or two a new oyster rock is (Established upon them, but when they are left to 
themselves the rocks remain sharply defined. What is the reason for this sharp limitation of a 
natural bed? Those who know the oyster only in its adnlt condition may believe that it is due 
to the absence of powers of locomotion and may hold that the young oysters grew np among 
the old ones, just as young oak tree;^ grow np where the acorns fall from the branches. This 
cannot be the true exi)lanation, for the young oysters are swimming animals, and they are 
discharged into the water in countless numbers, to be swept away to great distances by the 
currents. As they are too small to be seen at this time without amicroscoi)e it is impossible to 
trace their wanderings directly, but it is possible to show indirectly that they are carried to great 
distances and that the water for miles aroTind the natural bed is full of them. They serve as 
food for other marine animals, and when the contents of the stomachs of these animals are 
carefullj' examined with a microscope^ the shells of the little oysters are often found in 
aV)undance. While examining tlie contents of the stomach of lingula in this way I have found 
hundreds of the shells of the young oysters in the swimming stage of growth, although the 
specimens of lingula were captunnl several miles from the nearest oyster l)ed. As lingula is a 
fixed animal the oysters must have been brought to the spot where the specimens were found, 
and as lingula has no means of ca]ituring its food, and sid>sists upon what is swept within its 
reach by the water, the pr(>sence of so many inside its stomacli shows that the water must have 
<"ontained great numbers of them. 

It is clear then that the shari) limitation of the area of a natural oyster 1)ed is not due to 
the absence in the young of the powiM- to reach distant points, 'i'here is anotlier proof of this, 
which is familiar to all oystermen — the pt)ssibility of establishing new beds without trans- 
planting any oysters. The following illustration of this was observed by one of your commis- 
sioners. On part of a large mud flat which was bare at low tide there were no oysters, although 
there was a natural bed upon the same flats, about half a mile away. 

A wharf was liuilt from high tide m irk across the flat out to the edge of the channel, and 
the shells of all the oysters which were consumed in the hous(> were thrown onto the mud 
alongside the wharf. 

Tn the third summer the flat in the vicinity of the wharf had l)ecome converted into an 
oyster bed, with a few medium-sized oysters and very great mimbers of young, and the liottom, 
which Iiad been rather soft, had bec(ime quite hard ; in fact, the s])ot presented all the char- 
acteristics of a natural bed. 

Changes of this sort are a inattei' of familiar experience, and it is plain that something else 
besides the absence in the oyster of locomotive power determines the size and position of a bed. 

Now what is this something elue^ 

Tf the planting of dead shells will luiild uj) a neAV bed, may we not conclude that a natural 
bed tends to retain its position and size because the shells are there ".' 

This conclusion may not seem to be very important, but T hope to show tliat it is really of 
fundamental imiiortance and is essential to a correct conception of the oyster problem. 

Why should the presence of shells, which are dead and have no ](Ower to multiply, have 
anything to no with the perpetuation of a bed? 

We have already called attention to tlu> fact that oysters are found on the hard bottom on 
each side of the channel, while they are not found in the soft mud of th(> <'hannel itself, and it 
may at first seem as if thei-e were some direct connection between a hard bottom and the pres- 
ence of oysters, but the fact that no oysters are found upon the hard, firm sand of the ocean 
beach, shows that this is not the case. As a matter of fact, they thrive best upon a soft bottom. 



88 

They feed upon the floating ort,^anic matter whicli is brought to them by the water, and this 
food is most abundant wliere the water flows in a strong current over soft organic mud. "W^hen 
the bottom is hard there is little food, and this little is not favorably placed for diffusion by 
the water, while the water which flows over soft mud is rich in food. 

The young oysters which settle upon or near a soft bottom are therefore most favorably 
placed for procuring food, but the young oyster is very small — so small that a layer of mud as 
deep as the thickness of a sheet of paper would smother and destroy it. 

Hence the young oysters have the habit of fastening themselves to solid bodies, such as 
shells, rocks or piles, or floating buslies, and they are enabled to profit by the soft bottoms with- 
out danger. 

Owing to the peculiar shape of an oyster shell, some portions usually project above the mud 
long after most of it is buried, and its rough surface furnishes an excelh^nt basis for attach- 
ment. It forms one of the very best supports for the young, and a little swimming oyster is 
especially fortunate if it finds a clean shell to adhere to when it is ready to settle down for life. 
Then, too, the decaying and crumbling shells are gradually dissolved in the sea water, and thus 
furni.sh the lime which the growing oyster needs to build up its own shell. As long as the shell 
is soft and thin the dangtn- from enemies is veiy great, and this danger is greatly diminished as 
soon as the shell becomes thick enough to resist attac-k. It is, therefore, very necessary that the 
shell should be built up as rapidly as possible, and an abundant supply of food in general Avill 
be of no advantage, uidess the sujiply of lime is great enough for the growth of the shell to keep 
pace with the growth of the body. All sea water contains lime in solution, but the percentage 
is, of course, greatest near the sources of supply. Ft is well known that on coral reefs, which are 
entirely made of liine, all kinds of slielled molluscs flourish in unusual abundance, and have very 
strong and massive sliells ; and our common land and fresh-water snails are much lai-ger and more 
abundant in a limestone region than in one when' the supply of lime is scanty. In such regions 
it is not muisual to find the snails gathered around old decaying bones, to which they have been 
drawn in order to obtain a supply of lime for their shells. 

From all tliese causes conibined it results that a young oystei- which settles upon a natural 
oyster bed has a much better chance of survival than one whicli settles anywhere else, and a nat- 
ural bed thus tends to perpetuate itself and to pei'sist as a definite, well-defined area; but tliere 
is still another reason. As the flood-tide rushes up the channels it stirs up the fine mud which 
has been deposited in tlie deep water. The mud is swept up onto the shallows along the shore, 
and if these are level much of the sediment settles there. If, however, the flat is covered by 
groups of oysters, tlie ebbing tide does not flow off" in an even sheet, but is broken up into thou- 
sands of small channels, through wliich the sediment flows down to be swept out to sea. 

The oyster bed tlius tends to keep itself clean, and for these vai-ious reasons it follows that 
the more firmly established an oyster bed is the better is its chance of perpetuation, since the 
young spat finds more favoral)le conditions where tliere are oysters, or at least sliells, already, 
than it finds anywhere else. 

Now, what is the practical importance of this description of a natural bed? 

It is this : Since a natural bed tends to remain permanent, because of the presence of oyster 
sliells, tlie shelling of bottoms where there are no oysters furnishes us with a means of establish- 
ing new beds or of increasing the area of the old ones. 

The oyster dredgers state, Avith perfect truth, that by breaking up the crowded clusters of 
oysters and by scattering the shells the use of the dredge tends to enlarge tlie oyster beds. 
The sketch which we have just given sliows the truth of this claim, but this is a very rough 
and crude way of accomplishing this end, and we shall devote the rest of' this chapter to a 
description of the means which have been employed, in different places, to accomplish the same 
result more efficiently and methodically. 



H9 



n\ OYSTEK KAiariNO. 



Within recent years niTich attention has been .t;-iven to tlie possibility of increasing the 
supply of oysters by artificial means. 

The oyster is well known to be enormously prolific, a single one giving birth, in one season, 
to many million young; and it is obvious that the annual supply would be enormously increased 
if all the ycnuig wliich ar(> borji could be reared to maturity. 

Unfortunately this is not the case, and under a state of nature millions of oysters are born 
for each one which grows to maturity. Mobius has shown that in Europe each oyster which is 
born has only one chance in one million one hundred and forty-five thousand of reacliing 
maturity; and one of your commissioners has shown that the chances of each Anu'rican oyster 
are very much less. 

One of the most important discoveries of the hist fifty years is, that it is quite possible to 
save many of these oysters by artificial means ; and experiments which have been carried on 
in France, as well as in many parts of our own country, prove that this can be done, successfully 
and economically, on a very large scale. 

Soon after it is born the young oyster fastens itself to some solid body. It is at first so 
small that it is smothered and killed at once if it falls upon a muddy or slimy bottom, and its 
only chance for life is in the discovery of some perfectly clean, hard body upon which to fasten. 
Many young oysters are killed by accidents or enemies after they have fastened themselves, 
but by far the greater number perish through failure to find proper plac^es for attachment ; and 
the whole secret of oyster culture is to furnish proper bodies for the attachment of the young. 

Many methods of doing this have been devised and employed ; and the possibility of in 
this way increasing the area and value of the natural beds, and of building up new beds, or 
restoring old ones, has been f)roven. 

As this is by far the most important aspect of the oyster problem, we shall devote con- 
sideral>le space to the history of these experiments, and to a description of the means and 
apparatus which have been employed for the purpose. 

Although th(> development of this industry on a large scale is (piite modern, seed oysters 
for pliintinghave been raised upon a small scale in Italy for more than a tliousaiul years, by a 
method which is thus described by a recent French writer (Guide Pratique de L'Ostrciculteur, 
par M. Felix Fraiche, translated by H. J. Rice for the Report of the United States Fisli Commis- 
sion for 18S0.) 

"About the beginning of the seventh century a Roman knight, Sergius Orata, undertook the 
artificial breeding of oysters in the waters of liake lAicrin, the Avern of poets. Historical 
documents prove incontestably the existence of this establishment of oyster culture, and Pliny 
informs us that the enterprise was very successful, and its author in a short time became very 
rich. The methods followed, and probably invented, by Orata have been perpetuated to our 
day upon the l)anks of Lake Fusaro, a small salt-water lake, about a league in circumference, 
situated in the neighborhood of Cape Miscne, near the ruins of Cumes, which has been poetized 
by Virgil under the name of Acheron. Upon the blackish mud, which covers the volcanic soil 
of this basin to a depth of from one to two meters, the fishermen have constructed here and 
there artificial rockeries formed of rough stones gathered together and thrown into heaps suf- 
ficiently elevated to be protected from deposits of mud or slime. Upon these rocks oysters 
taken from the sea were deposited, to form an artificial planting ground for all time, except, as 
is well imderstood, in the case of accidental mortality, such as has been occasioned by volcanic 
eruptions, which have sometimes necessitated their renewal. Each rockery is surrounded by a 



circle of stakes, whicli are fastened in the bottom of the lake by one end, Avliile the other 
extends up out of the water so that they can be seen and removed when necessary. Often these 
stakes are united by a cord iiassing from one to another, and to which is suspended, between 
eacli two stakes, a small bundle of twigs, floating in the water a short distance from the liottom. 
These, together with boats, tools, and a storehouse, constitute the entire apparatus used for 
oyster cidture at Fusaro, and such is the apparatus which comuion experience lias found to be- 
invariably efficacious. At the spawning season the oysters deposited upon the artificially 
formed rockeries, and living there as if in tlie open sea, aUow the myriads of germs to which 
each gives l)irth to escape, as an animated cloud of dust-like particles, which, finding close at 
hand suitable materials for their attac-hment, become located there almost as a mass, 1)eside the 
mother oysters. An insignificant portion only of these young oysters are lost, either by being- 
carried away by the current of the water, or by l)eing buried in tlie mud of the bottom. The 
(colony is thus continually increasing in size by the annual deposit of new germs, which develop 
under favoral)le conditions of shelter, liglit, and temperature. When the fishing season arrives 
the owners or Itvasers of these artificial banks take up the stakes and buiulles of fagots, select 
without any trouble from among the oysters whicli cover them those of a suitable size for the 
market, and then replace the stakes, Ac. ; the remaining oysters continue their growth, and the 
vacant places become filled another season with a new lot. The industry at Lake Fusaro, which 
has prospered for centuries, employs, as can be readily seen, oidy methods of great simplicity — 
probably the same as were used by Sergius Orata — and it teaches for our benefit, that by careful 
and skillful management, aided by suitable means of collecting the spawn of the oyster, all of 
which is neither difficult nor expensive, one can indefinitely multiply this bivalve, while the- 
processes employed by us at present lead only to the ruin of our naturally excellent beds." 

The oyster farms of Lake Fusaro are shown in Plate X\, figure 1, and tlie methods of col- 
lecting spat, which have bi>eii employed there for nearly two thousand years, are shown in Plate 
XII, figures 1 and 2. 

The great anticpiity of this method of rearing oysters has been proved by the discovery of 
a few very interesting ancient Roman pictures of the industry, which are thus described by a 
famous French oyster cultivator, Coste, (Voyage d' Exploration sur le litteral de la France et de 
ITtalie, par M. Coste, translated in the report of the United States Fish Commission for 
1880.) 

" I said at the commencement of tliis work that the industry of Lake Fusaro was known to- 
the ancients, and that probably Sergius Orata was tlie inventor; there are two historical monu- 
ments which prove that it bi^gan, iirol)ably, in the time of Augustus, or, as Pliny says, at the 
time of the orator Crassus, l)efore the war of the ]Marses. 'I'liese monuments consist of two 
funereal vases of glass, discovered, the one in Pouille, the other in tlie environs of Rome. 
They have the shape of anticpie bottles, with large bodies and long necks, and are covered on 
the outside with designs in perspective, in which, notwithstanding their crude representation, 
we recognize fish ponds adjoining edifices, and communicating with the sea by arcades. How- 
ever, if we should entertain doubts of their purpose and meaning, the inscription which accom- 
panies tliem would fully explain their character. We read upon the vase from Apulia, 
illustrated l)y Sestina : S■rA(;xu^r Palatium (a name sometimes given to a villa upon the banks 
of Lake lAicrin, owned by Nero), and lower down : Ostkkaria. The other vase, which is 
preserved in the Borgia Museum at Rome (at the present time that of the Propaganda), and of 
which M. G. B. de Rossi has given an excellent interpretation, bears the following words, 
written under the objects designed: Stagnum, Nekonis, Ostuearia, Stagnum, Sylva, Baia, 
which plainly shows that the figures have been drawn from edifices, and from places of the 
famous shore of l>aia and Pozzuolo." 



91 

" What is most stiikiut;- in tliu \\vw of tlic fish-ponds represented upon these funereal vases 
is the disposition of th(> stakes crossint;- oiu' another in divers directions, and arranged in circles, 
stakes which were evidently tliere (inly to receive and protect tlie progeny of the oysters." 

Althongli these Italian l)reediiiy i^ronnds are so very old, no (extension or development of 
the industry seems to have l)een attempted until about fifty years a, s;-o, when some unknown 
fisherman, in tlie East River, in New York, began practical experiments in this line. The famous 
French naturalist, C'o.ste, soon after 1)egan his investigations and experiments in France. 

The East Kiver methods, whicli have resulted in the American system of oyster farming 
as it exists in Long Island Sound and on the South Shore of Long Island, will be noticed soon. 

Coste's experiments have led to the development of the FrcMich system of oyster farming, 
and they are so interesting and instructive that they should be made known to our people. 

In Coste's report for 18->S, he states that out of twenty-three natural beds M'hicli formerly 
constituted a great source of wealth, eighteen had been com]iletely destroyed, while the 
remaining .beds had been so imiioverished tliat they no longer yielded enough oysters for 
planting. In another locality, wher<» tliii-teen valuable beds fornun-ly furnished employment 
for two hundred vessels and fourteen hundred men fen- six montlis in (>ach year, and yielded an 
amiual harvest valued at .>!(;(),(i(J() to !?,so,(Ki(), (uily three beds remained, and these were so depleted 
that twenty boats could in a few days cari-y away all the oysters. 

In March and April, bS.'iS, Coste, with the aid of two governnuMit vessels, began the work 
of repleinsliing these exhausted l)eds on the coast of France. An area was selected where 
valuable beds had been destroyed by dredging. These beds were so complet('ly destroyed that 
there were not enough oysters to supply spat, and six long b(>ds of oysters were accordingly 
planted and buoyed out. The bottom around these beds was then thoroughly planted with the 
shells of oysters and other molluscs. JJnndles of twigs, six to ten feet long, were then fastened 
by stone anchors a foot above the bottmn, to serve as spat collectors. Six montlis later these 
bundles were found to be completely covered with spat, and 20,000 young were counted upon one 
bundle. The method of using these Imndles is shown in Tlate XI, figure 1. 

Two government farms were tlnui established with a foi-ce of 1 12 persons ; and an area of 
nearly 1,000 acres of exhausted land was stocked in same way. In ISO."!, during six tides, and 
upon only one-half of the restocked lands, lG,OOt>,000 oysters were taken. Land was then ceded 
by the government to individuals, to be cultivated in the same way, and one area of 492 acres 
was in a few years stocked with oysters valued at §8,000,000. 

Tlie following extracts from the translations which have been published by the United 
States Fish Commission, of Coste's official reports, give a very interesting account of the history 
of the undertaking : 



" 1. — Kia'oRT TO Firs M.v.ii;st\' rui; M\!i'i;u(n; ox rni; Condition oi' thk Ovstkk IJkds Ai.onc; the 
Coasts of 1''i;a.n('k .wn o\ Tin-; Xl•.^l:ssI•|•^- oi' RKSTocKi.Nii Tiikm." 

" I'Aius. Febniarn 5, 1858." 
''Sire: The domain of the sea, like the I'artli, may be cultivated ; but this domain being- 
public property, to the Government belongs the duty of applying such methods as science has 
demonstrated to be the most suitable for the execution of so grand a scheme, and then leaving 
to its grateful citizens the harvests which have been prepared by its care." 

" I have, therefore, the honor to submit to your ^lajesty, according to command, the various 
plans which promise to promote the success of this useful innovation. I Avill commence with 
those which relate to the multiplication of oysters on the shores of F'rance." 



92 

" Tlie oyster trade lias already fallen into such a state of decadence that, unless a prompt 
remedy be at onee applied, the source of production will soon be utterly exhausted." 

"At La Kochelle, Marennes, Kochefort, and in the isles of Re and Oleron, out of the 23 beds 
lately forming one source of wealth of that portion of our shores, IS are completely destroyed, 
while the others, still furnishing a small supply, are seriously injured by the groAving invasion 
of mussels. The cultivators also in these regions, not being able to find sufficient oysters to 
stock their ponds and claires for greening or perfecting, are obliged to seek them at great 
expense as far off as the shores of Brittany without being able to supply the demand." 

" The bay of 8aint-Brieuc, so admirably and so naturally adapted to the reproduction of the 
oyster, and which on its clean, hard bottom formerly contained no less than 15 beds which were 
continuously dredged, has to-day but ?., from which 20 boats could in a few days carry off the 
last shell, while in the ]iei'i()d of its prosperity more than 200 barks, manned by 1, 100 men, were 
annually employed in the business from the 1st <if October to the 1st of April, and realized 
from it between 300,000 and -100,000 francs." 

" In the harbor of Brest and at the mouths of the rivers of Brittany the decadence has not 
been so great, because these fertile spots have not been subjected to such constant dredging. 
But inasmuch as our own fishermen are now compelled to resort to these beds, tln^y, like our 
own, will soon become exhausted." 

" At C'ancale and at ( Iranville, which are histcn-ic; grounds for the multiplication of oysters, it 
is only by good management that they succeed, not in increasing the supply, but in preventing its 
decline. While this important trade is steadily declining, or remaining stationary, the increased 
facilities of communication between the sea-board and the interior as steadily augment the 
demand for these marine articles of food. These products, made costly by scarcity, now bring 
in our markets fabulous prices, and the inhabitants of the coast, consulting only their immediate 
wants, and looking (inly to the present hour, couxmit depredaticnis M'hich, in the near future, 
will aggravate their distress." 

" Now, Your Majesty, there is for this deplorable state of things a remedy, easy of applica- 
tion, certain to succeed, and which will furnish an incalculable wealth of food for the public. 
This remedy consists in undertaking, at the expense of the government, under the direction of 
the administration of the marine and by means of its vessels, the stocking of the shores of 
France so as to restore the ruined beds, to revive those which are declining, to protect those 
which are prosperous, and to create new ones wherever the nature of the bottom is suitable. 
And when by this generous policy these marine fields shall once more become productive, the 
dredging may be placed under such restrictions that while certain fields are being operated 
others may lie in repose ; a plan which, for a century, has kept the bays of Cancale and 
Granville from the destruction which injurious dredging has caused everywhere else." 

'■To give a striking example of the method in which these operations of restocking and of 
creating new beds ought to be conducted, and of the immense results which may be obtained, I 
have the honor to recommend to Your Majesty's government that the bay of Saint-Brieuc be set 
apart for this purpose. There the experiment may be undertaken in a restricted space, super- 
vision will be easy, and in less than six months a fair estimate could be made of the expected 
results, as from a tree in blossom, provided the artificial beds ar(> planted in March or April, 
that is, before the spawning season." 

" The sum of G,000 or 8,000 francs, placed at the disposal of the commissary of the marine, in 
that quarter, would suffice for the purchase of the oysters required for stocking the bay. These 
oysters should be caught in the open sea, and, if possible, carried immediately by a government 
steamer to the grounds naturally fitted for them. But, when they are unable to collect enough 
in one day to complete a cargo, they may store them temporarily near Plevenon, a dependency 



EXPLANATION OF PLATE VI. 

Fuiuiii;!. — (icncral view of Lake l^'usarid, in Italy (Acht'i'oii of tin- ancifiitsi, sliinviiig here 
and there ^-take.< arrana'ed in circles, for collectiiit;' spat, aroimd the artifii'ial oyster Ijeds. The 
inamier in which tliese stakes are arriiiis^ed is shown on a larger scale in Figure 1 of Plate XII. 

In other i)arts of the fiunre single and doulile rows of stakes are shown. Jietween these 
hundles of branches, like tlie one shown in Figure 1 of Plate NI. are snspended, as shown on a 
larger scale in l-'ignre "_' of Plate XII, to collect the s]iat. 

The lake coniniiuiicates with the o:'e;in tliroii.;ii a canal, which is sliowji on the left of the 
figure, and near this canal is a smaller lake, in wliicli the oysters which are ready for the 
market are temjjorarily ]daced. ( Fr(un Coste's Report.) 

FiGUiiE 2. — ^lap of a system of jojids for the cultivation of oysters. ( Fi'oni Haiisser's Keport.) 



(Till' cuts fur Ihc'Sc liauix^ «i:ri' luiiii^bcd by I'liif. S. (■'. B;iinl. SiipcriiiH-iKUm I . f. Fi-li Ccjiiiiiii>>iiiri.) 



liKI'Oirj^ AIAIIYLAM) OYSTER COMMISSION. 



PLATE VI. 




KKiURE 1. 



ETABUSSEMENT OSTREICOLE DE LA RIVIERE DE CRACH 

CM': !e EARCN de Y/CLBGCK ) 




A.Grand bassin ^ 



FHU'WE -2. 



of Saiut-lii'ieuc, in cliaixe of two custom-liouscs found there, so as not to start tlieni from this 
l)rovisional storage to the places where tliey are to remain before they have a full load." 

" With the aid of this simple means, and at a relatively insignificant cost, it will lie possible 
in a few years, if proper precautions be adopted, to realize a consideral)le revenue in the bay of 
Saint-Brieuc alone." 



"2 — -IlErouT TO His ^Ia.ikstv thk Emi'krou on tiik autii'kiai. (>^>ri:i; hkhs <'i;katkii in tiik I>av 

op^ SAiNT-P>i;ii:r'c." 

"Paris, Jamiarii J 2, 185!)." 

" tiire : Subseiiuent to the report in whicli in February last, J had the honor to suliniit conclu- 
.■<ious for your acceptance, Your Majesty, desirous of testing the conclusions I had arrived at, and 
of ascertaining decisively whether the promises held out by science in regard to the cultivation 
of marine products could be realized, ordered that the (Julf of Saint-Brieuc be made the theater 
of the first experiment of oyster culture by the government, executed by means of its vessels, 
confided to the keei)ing of its navy, and destined, in case of success, to serve as a model for the 
creation along the coasts of France of a vast submarine industry, alike profitable in developing- 
the navy and enhancing the prosperity of the coast inhabitants." 

"The harbor selected for the accomplishment of this undertaking has a solid bottom, naturally 
<-lean, comjiosed of shells or coral, thinly covered witli marl or mud, with scattered eel gra.ss 
\pailleiil), covering an area of 12,()()() hectares everywhere adapted to the sojourn of the parent 
oysters. The current, which at each tide sets from nortliwest to southwest and from southwest 
to nortliwest, at the rate of one league i)er hour, brings in fresh waters continually, carries oft" 
all unhealthy deposits, and gains by rushing upon the rock-bound c<iast all the vivifying prop- 
erties which such constant aeration communicates to it." 

" The excellent bottom, the active nature of tlie limpid waters which cover it, unite, then 
over this inimense submarine domain all the conditions favorable to the multiplication and 
development of this article of food, which 1 propose to introilnce there, and tlie products of 
which we are endeaving to transform into an inexhaustible annual harvest." 

" But while in its work of intervention and coiupiest science recommended this as an enter- 
prise of great ]iublii' beneflt, empiricism and old fogyism condemned it in advance as rash and 
visionary. It is only necessary, sire, to recall the various obstacles which had to be overcome, 
and the amount of perseverance required for the realization of a scheme, the marvelous results 
f wliich 1 already have the honor to m ike known to Your Majesty ; a scheme which aimed to 
retain on the spawning beds, by means of a simple device, the seed which in a state of nature 
is dispersed by the currents, and to create sources of wealth wlierever tlie bottoms are not sub- 
ject to the invasion of mud." 

" No region along our coast offered at the same time so vast and so appropriate a theater for 
drawing pulilic attention to the solution of tiiis doul)le problem ; for the bottoms are undis- 
turbed, though the currents rush over them at times with such violence that superficial think- 
ers prejudged this to be an inevitable cause of failure. Everything there depended on a triumph 
of art over nature, for it was necessary not only that material for various provinces should be 
transplanted to a foreign land, but also that the progeny of this exiled population be protected 
from the perturbation of the waters." 

" It will not be out of place, sire, for the honor of science, to state here in detail how the do- 
minion of the sea is made accessible to industry, for, in jiroviding new methods applicable to 
the business, it creates, for its abstract studies, instruments of investigation which extend its 
range to regions yet unexiilored." 



o 



'J4 

" The planting of the reprodnrtive oysters, opened in tlie month of March, (dosed under my 
supervision towards the end of April. In this brief period 3,000,000 of individuals, some taken 
in the high seas, others at Cancale, and others from Treqnier, were distributed over ten long- 
beds, situated in ten different parts of the gulf, and together representing an area of 1,000 hec- 
tares; beds previously traced on a marine map, indicating the productive fields, and provided 
with signals intended to facilitate the movements of the vessels engaged in the stocking. P>ut 
in order that the planting should be done with the regularity of a practical farmer, and that the- 
motlier oysters should be sufficiently separated so as not to interfere witli each other, a govern- 
ment steam vessel, first the Ariel, and then the Antelope, towing the launches, and a Intsqitine 
filled with oysters, would nuike alternate trips to either (>xtremity of the line, where a small 
boat, placed crosswise, designated the spot upon which operations should begin, 'i'hen, steam- 
ing to the other end, designated by another boat, it would go around this in following the long- 
axis of the rectangular space designated by the flag signals, and return to the starting point, like 
a plow which makes two parallel furrows in a field." 

" While our tow-boat was thus engaged, the sailors belonging to it were placed on board the 
accompanying launches and employed in empting the hampers, filled with oysters, which they 
liad previously arranged in rows along the decks, and as they were gradually thrown overboard 
they sank to the bottom and spread themselves over the surface intended to become stocked by 
their seed. To insure the success of the work, it was not only necessary that the oysters should 
be planted under the conditions most favorable to their propagation, but also to build around 
and above them efficient means of securing the progeny and of compelling it to fix itself on the 
beds where it had commenced to spread; for the planting took place at the time of the first 
spawning." 

''This second end, which transforms the gulf planted into a siiecies of submarine fai'ui, 
undergoing the various jn-ocesses of rational cultivation, has been accomplished, by means of 
two contrivances, the simultaneous employment of which has already furnished immense results- 
and which in the near future will permit the increase of the sup])ly to any extent that may be 
desired, provided ])ropagation keeps pace with the demand." 

"One of the c(mtrivances consists in covering the productive bottom with oyster or other 
kinds of shells, so that every single embryo that sinks shall find a solid body to which it may 
cling. Tlie shells which we used for this purpose were gathered on the l)ea<'h at Cancale, by- 
order of M. de I')on, chief of the maritime service at Saint Servan, Avho was kind enough to lend 
us his assistance, and were brought to tlie gulf l)y a special convoy of fisliing smacks, and 
scattered over the artificial beds in my presence. These sliells, otliei'wise useless, which must 
be cleared away from tlie Iteach at great exjiense every year, so that they may not encumber 
it, if carefully preserved hereafter, will become, after drying, valuable instruments of 
culture." 

"The second appliance, which is designed to secure the embrayos carrii-d away by tlie currentS;. 
and to receive them on solid bodies placed under the tide-whirls, which do not extend to their 
depths, consists of long lines of small bundles, placed crosswise like intersecting bars, frm one end 
to the other of each bed. These bundles, perfect collectors of seed, formed of branches from two to 
three metres in length, tied in the center bp means of a rope to a stone, which holds them thirty 
or forty centimeters aliove th(> bottom, were put in position by men wearing cork jackets, who 
were instru(^ted to place around each stone a few oysters about to spawn. The rope, which the 
haste of the first experiment niade it necessary to use for anchoring this apparatus, will, of course, 
soon rot, and it may be necessary to replace it in future l)y chains made of galvanized iron, 
which can be constructed in our arsenal shops, and which will form a part of tlie permanent 
outfit of this new culture." 



" Boarintrs, cavofully takoii, form, on special charts well plotted, (he ineansof ideiitifyiniJ- the 
points where each line is sunken, so that there will he no difRi'ulty in findiui;- eacli one in snc- 
cession, of raising the hundles miuI removing the crop of oysters, ms (>a-sily as the farmer gathers 
the fruits from his trees." 

" Two government vessels, the I'lnvier and the Kveil, stationed at ojiposite points in the gulf, 
one at Portrieux, the other at Dahouet, visit each day tlu' artificial lieds, while a small cutter, 
whii'li was constructed l)y Your Majesty's orders, at my rerpiest, steams n]i the gulf and helps 
to complete the surveillance, besides rendering other nec(>ssary assistance in carrying on the 
work. Tliis little cutter which is almost indispensable in the enterprise, should bi' placed under 
the immediate orders of M. the commissary of the marine at Saint-lh-ieue, so that my daily in- 
structions can be promjitly executt>d by a force selected by that agent of the administration. 1 
think, sire, that it is my duty to insist that this essential part of the iirogramme be not forgotten." 

"These, sire, are the initiative means whi(di have lieen adopted for the fertilization of tlie 
gulf. Hardly six months have (dapsed since they were put into execution, and already the 
promises which were held out l)y science have bec(une startling realities. The treasures accumu- 
lated by the per.severi7ig application of these methods in these fully dev(doped fields exceed the 
most sanguine expectations. The mother oysters, the sliells whi(di were scattered over the 
bottom, in fact everything brouglit to the surface by the di'edge, is covered with spat ; the be>ach 
itself is thick with them. Xever at ( 'ancale or (Jranville, in the eras of their greate-^t prosperity, 
was sucli a sp(>cta(de of immense reproduction witnessed." 

" The bundles Itear in their branches and on their smallest twigs bou(iuets of oysters in such 
[)rofusion that they resemble the limbs of our fruit trees, which, in si>ring, are liidden by the 
profusion of their blossoms. Tliey look like veritable ]ietrifact ions. 'I'o l)elieve smdi wonders 
it is necessary to be an eye-witness of them." 

(One of these braiudies, with liie young oysters upon it, is shown in I'late X I, hgnre l.of 
this report. The figure is a cojiy of one which accompanied Coste's oi'iginal reiiort, from w'hi(di 
these passages are (pioted.) 

" In order that Your Majesty may Judge with your own eyes of the extent of these treasures, 
i caused to be transported to I'aris one of these appliances for collecting th<> spat, together with 
specimens taken from the several b<'ds ; these will testify eloquently in behalf of our successful 
efforts. The young oysters which cover them are already from two to three centimetres in length. 
They are simidy the seed whicdi, in eighteen months, will ripen and yield an immense harvest. 
On one Imndle alone, occupying no mcu-e space in tlu^ waters than a sheaf of wheat in a field, as 
many as i.'(>,()()n were found. Xow 20,<K)() oysters, Avhen they are of ediljle size, represent in value 
400 francs, the current price being 20 francs per thousand on the spot. Tlu^ revenue from this 
industry will therefore be immense, since one may put down as many spat collectors as he wishes, 
and since each adult individual f(U'ming part of the bed will furnish not less than '2,000,000 to 
.■5,000,000 embryos. The bay of Saint-Briinic will bectnne in this way a perfect storehouse if, by 
the Junctions of beds already formed, we convert the whole area into a vast productive field." 

" .Vll the arrangements necessary tor the accomplishment of this great scheme can be 
promptly executed, sire, if the prosecution of it be entrusted to tliose from whose intelligent 
zeal I have received so much aid up to this time. The experience which they have acquired in 
these first operaticuis is a guaraut(M' that what remains to lie d(Uie will be l)roug]it to a successful 
issue." 

" I therefore hope that in ord(>r that I may retain the indisi)ensabh> assistance of two fellow- 
workmen, Your Majesty will deign to reward their zeal, and appoint i'vtnn the list of officers M. 
Levicaire, chevalier of the liegion of Honor, and wearing the medal of Saint llelene, who unites 
with the best record thirty-nin(» years of excellent service, and ought to be raised to the rank 



m 

of commissary of marine at Saiut-Brieuc ; and that M. IJidaut, lieutenant in the navy, a chevalier 
of the Legion of Honor, -with nineteen years of excellent service to his credit, will be kept in 
command of the Pluvier, with all his crew, beyond the ordinary period, that is to say, until the 
scheme that we are now enga.tj-ed in be entirely accomplished." 

" With the assistance of these two distinguished officers and the aid of an inspector of 
fisheries, whose appointment should be immediate, so that the bay of Saint-Brieuc may be 
placed on the same footing with Cancale, Granville and IMarennes, we hope in less than three 
years to unite all the beds, and have the whole surface of 12,000 hectares under full cultiva- 
tion. An annual appropriation of 10,000 francs will suffice to carry on the work of clearing out 
the bottoms, l)uying sujjplies of seed oysters, gathering shells, repairing the structures for hold- 
ing the embryos, organizing other beds of acclimatization like tlie one already established at 
Plevenon, and for the creation of perfecting-(:7fl//r.S', where the fattened oysters are improved 
by becoming gre(?n. M'hen tliis pi-oject is accomplished the inhabitants of the seaboard will 
find in the gulf, as in a very productive field, an inexhaustible supply jirovided by generous 
foresight, and will witness on the shores an example of the different methods and practices 
connected with this oyster iiulustry. It will i)rove at tlie same time a lesson and a great 
benefit." 

"If your .Majesty consent to this i)ropt)sition 1 shall immediately transmit to the commis- 
sary of the marine at Saint-Brieuc, and to the commander of the Pluvier, all tlie instructions 
necessary in executing these delicate operations. But to preserve our artificial beds one more 
measure must be brought into requisition: To order the dredgers to obtain their supplies at 
greater distances from the beds, where they may rake the bottom without injuring an enterprise 
commenced under such happy auspices." 

"To sum up, sire, the experiment made in the bay of Saint-P>rieuc has been attended with 
such decisive succ-ess that the lessons it teaches camiot be ignored. It proves, by a splendid 
result, that whenever the bottoms are free from mud and slime, industry, guided by science, 
may reap from the depths of the sea, fertilized by its care, more aljundant harvests than can be 
obtained from the earth. I deem it, therefore, my duty to recommend that your Majesty order- 
the immediate restocking of all our seacoasts, that of the Mediterranean as well as of the 
ocean itself ; that of Algeria and of Corsica, not excepting all the salt lakes found in Southern 
France, the fruits of which, ))y multiplying, will become a source of wealth to the poor people 
wh(5 inhabit the shores. But, in order that these operations may be successful, it is necessary 
that a swift propeller of light draught should be built and devoted exclusively to this service; 
which vessel, during the spawning season, si ould l)e suljject to my orders, so that I may visit 
all the centres of these great phenomena of natural reproduction, where science promises to 
Industry precious revelations." 

" Captain Isidore Le Koy, known to the government by his studies upon the fisheries, a 
pilot experienced in the waters which are to be the scene of our work, well qualified in 
mechanical arts, and officially recommended for the surveillance of the first and second naval 
districts, ccmld render me much aid if he were invested with the command of this vessel, here- 
tofore mentioned as necessary to the execution of our plans ; and in case your Majesty sees fit 
to appoint him my coadjutor he should at once report at the College of France, there to be 
instructed, under my direction, in all that pertains to the cultivation of marine products." 

"Among the measures to be taken for the accomplishment of this object, tliere are, sire, 
some which experience has already demonstrated to be efficacious, and which, by their imme- 
diate application, will produce certain results. But, besides these known facts, there are mys- 
teries which persevering study alone can reveal, and which should be mide the object of 
serious investigation. It will then be necessary to open along our shores vast laboratories, where 



hfit'iititic ('Xix'i'iiiHMits may lie iicrtoi-iiuMl, wliicli will l'll^lli^-ll new iiH'aii> Tor tlu' fxtfiisiuii of 
onpin' of industry. I'Ik' saliiii' lakes of S(>utli('i'ii Fraiifc. tlic bays of tiif ocean, tliosc of 
Alijeriii, of ( 'orsira, Ai'., ottVr tlic best oiiportiiiiil ics foi' orLianiziiii;' uTcat districts to be i^rad- 
iially ti'iuisformcil, at your Majesty's desire, into sii|]]i|y ceiilres Cor the seediiii;- and en It i \ati<iii 
of tlie sea." 

•'The ditt'erent edil)le spe<-ies admitted by turns into those zodloyii-a 1 uai'dens, so to 
s]ieak, Avonld be, like the animals iu (Uir stalls or in oiir jiarks, under the obsei'sant eye of those 
(diara'pd with the duty of studyini;' their laws of propanatiou and of dev(do))nuMit, invest iya tors 
jilaced there, as a branch of my laboratory of the ('(dlei;'e of France. It will then be necessary 
to enlarge the '-tudy rooms and i nci'i'ase the i>i' rxuii ntl and endowment. .\ skilled ai'tistwith 
his brushes \\ill yivea rejiresenla t ion of eacli curious disco\ cry whicli shall l)e made in this 
liviim- museum, and thus prejiai-e ]dates bir one of the nmst imjiortant iiid)licat ions with whi(di 
the annals of natural liistory will ever lie enriched." 

" The nne\i)ected plienomena whi<di 1 witnessed at Concarnean, in tlu' small ponds of Pilot 
(luillon, left no doubt iu m\- mind as to tlu- ii-real ser\ iceal>i]ity of au estaldishmeni which 
will place in tlie hands of the i^'oxcrumeut t he neces-^ai-y means for e.xecnt int;- a Avork of public 

utility." 

" In the a.u'e wlien, by a soverei^'U ajiidicalion C)f the laws of phy>ics. au in\isil)le llanu' 
carries thouglit throuuh coinlucliuL;- wires with whiidi the i;-enius of man has encii'ided the 
earth, physiolo.i^'y will exei'cise its em])ire o\-er oi-t^-anic nalnri' by an application of tin' laws 

of life." 

'• 1 cainiot conclude this rejiort. sii-e, without expressiuy my thanks to Admii-al La Place, 
pre/i-t iiiarttiiiie at lU-est, for the eiu'ryetic assistance which he i^ave to (uir eutei-prise !)>■ con- 
iidiiii;- its rapid execution to the combined care of the commaiuiant of the station at (M-anville 
and to the chief of the maritime service at Saint-.Sei-van. " 

•• I am, sire, with pi-ofound resjiect. ^'onr Majesty's \er\' liuml)le and \cry faitlifnl servant," 

-COSTK," 
■■ Mi'iiihvr iif the I nxlil nle.'^ 

After the above rejiort was nnide, M. Le\ icaire was lu'onuiti^d to the i^rade of oMicei- of the 
I^eii'ion of Honor, and M. he Koy was appointed to tin- comniaml of the (liamois, a steam- 
vess(d whi(di was placed at tlie orders of those snperiuteudin.i;- the restockiiii;- operations. M, 
]>idant, lieutenant of the Pluvier, was retained in connnaud of that vessel. 



'•;',. — l\i;i'oi;i' To ills I-L\<'Ki,r,i;.\( "I' iiii'. MiM'-ti;i; oi' .Mai;im;. on ■iiii; liiMocK ino oi- riii: H.vsix 

ol' Aia ACIION." 

■• {'aims, 2\()ri'iii})n- II, I,s."j!i." 
"SiK: In the tirst edition of a work which is now beiim' i-epublished by ordei- of the 
P'mperor, 1 demonstrated five years ago, liy the ludp of numerons facts observed at Mareiines, at 
Treniblade, and at the isle of Oleron, that oysters reinodiiced tliems(dves in as y-reat profusion 
in the daires, rirltrs, and efaJages as in open sea. 

"At tlie siiiht of these revealed soni'ces of wealth, 1 announced that, by means of a]ipliauces 
for collecting- the seed, all tlu> establishments organized along the coasts wonld soon be trans- 
formed into iirodnctive areas, wliere, without (juitting the land, the coast inliabitants would 
liave in theii' hands the inexhaustible ti'easure which science offei's to labor : and 1 described 
tlie instruments which were to be used in securing the iKtss<'ssiou." 

" I hope, sir, in the pi'esence of the wonders accomplished under the eyes of the astonished 
inhabitants, henceforth anxious to take ]iai-t in the pi-osecntion of a work iu whi(di they, at first, 



08 

]ia(l nil confidi'iH'c whatever, that your excellem-y will pcrinit me to restate liere the means 
rini)loyt'(l. so that it may a.a-ain Iw- slunvii that tlic most abstract kiiowledue is everywhere the 
le\t'r (Miiployed in attaining nmst wonderful results, in the great workshop wlicre the genius of 
man extends its emi>ir(^ over tlu' world." 

■'.Mthongh the cidirc hay of Arcai'hon may lie ti'ansformed into oin- vast oystei--bed, there 
an- two localities, tlif jioint ot ( iernnman aiul the s])ace comprised between Kstey de Crastai'be 
and the ]>oi-t of the island ot ( )is('an.\, -which are best ada])ted to the ]ini'|iose of rei)roduc- 
tion. Tin' jnnddy, pebbly and mic\cn bottoms will ati'ord every ojiportunity f(n- the "\arion.s 
methods." 

''1 Inni', theretVire. the huiKir of iii-o]iosing to your e\c(dlency that the go\-ernm(nit agents 
be ordere(l to proceed at once to the (U'uanization of two kinds of modcd farms, ■which will be at 
the same time ])nblic storages for seed and gre;it areas for the coni-enti-ation of the liarvests." 

" 'i"h(> sn)i(Tabninlance of seed whi(di the collecting ajiparatus cannot lH>ld will spread far 
and wide o\('i- the shells ami artificial repositoi'i<>s witli which the bottom of different jiarts ot 
tlie l)ay will be covered, and will furnish, l)oth to tlie hand fishery and the boat fishery, a con- 
tinually i-enewed source of fond. Tliis portion of the harvest will be common pi-o])erty." 

••Those whi(di dexcdoji in the reserved canfonnu'nts will be distributed in lots to the most 
/ealons seanu'n, to ^\-llonl this loan or generous gift will be a means of cultivating, on their own 
account, beds ceded by the go\('i nnuuit, and thus ci-eating for themsehcs a first capital, by 
Avhich lliey will jjass fi-om a nuTceiiary or laboring condition to tliat of cultixators. This itiiU 
he a [Id li (if llic ii'rdiiijx'nsc." 

•' r>id in order that nothing shall be left undone that i> calculated to expand the business, 
it will be well to admit, to acertain extent, ]iri \ate entei-]irise to tlie benefits of the conces- 
sions, obliging it to be associjited with the fishermen, whose rights will be ]n-otected by contract.s 
made before the ]iroper anthoi'ity ; so that, without nuiking o\er anything, tlu' government can 
aid the de\elopnn'nt of the indiisti'y, and attract those who. witin-ssing its ])i'os]ierity, feel dis- 
l)osed to engage in the pursuit." 

'• W'itli tlie>e nu'ans of action, and the aid of jirivate Pide]-]n'ise, an a])pro{i]'iation of 
2(1, (HHi francs would be sufficitnd to transfor]n. in two years, with iH'olit to all and honor 
to the governnuMit wliich extended its Indp to the enterprise, the bay of .\rcachou into a 
veritable tield of abundance. This bay, (hen, would produce njiou its stocked dejitlis, by means 
of ai>iiliances ]irepared befoi^diand, inunense harvests, the extent of Avhich maybe calculated in 
advance by the result which the pernuinent depots ha\e already begnvi to accumidate." 

•■ lint sh(dl-fish will not constitute th(> only harvest taken from this fertile tract. Tli(> 
go\e]'inneut caueasil.v creat(> along the coast a no less jirecuons source of ]>]'oduction, by building 
res3rvoirs coinio'ted by trenches with the se;i. thriuigli wliich the excess of fish sjiawn can be 
carried into tiie interior; this cpiesticni has been coidroxerted, and to its discussion I A\i]l in a 
future rejiort call your exc(dlency's attention." 

" While a wa iting your <lecision, sir, 1 Itegyon to aci'ept a reiu'wed assurance of my I'esjiectfnl 

considera t ion." 

'•COSTK." 
" MeniIxT of the. Jnsiihifey 

In accordance with the con(dusions arrivi'd at in the above I'epiU't, two establisliments, to 
be used as models, are already in o]>eratit.>n at the designated places in the bay of Ai'i'achon. A 
second iiolice-boat, the bi-ig heger, commanded by Lientcniant lUandin, is charged witli tlie sur- 
veillance of the bay, and <-o-operates with M. Fillean, commissary of nuiritime iuscri])(ion of 
that region, in the cidtix'ation of the two beds created by the government. < )ne hundred and 
twelve grantei^s {rn/zcfssio/rn'res), a,ssociated with regist(M-(Ml seamen, now folhiw this new industry 
over an extent of loo hecta,res which the goveriLiuent lias ceded to them. 



90 

Costo (lid mil I ivo to .-;(•(■' tlu> fultilliut'iit of h\> iiroplipry, and whilo t ln' u'os iTinont fiirms, 
Avliicli he studied were at first so successfiil ; lie met with many accidents and misfortunes, and 
jit last died l)lind and discouraged, hut the industry wJiicli In- started, and wliicli failed to 
llonrisli under KoviM-nment pa trona.ti'e. was taken u[) aiul (hm-ioped by private oitei-prise, and llni 
following official ai'count i)f t lie i-cmdilion of the watci-s when he inaugurated iiis (wperinu'uts, 
was jiublislu'd in IST"). 

•' i;r.i'ni;r ii> ini; ('(iMirno\ i.f < )v>ri:i; ( 'ri/n i;i: in js;:,, I'kkckoki. r.v \ i;i;i'Mi:r lu rm; Mim^tkr 

III' Ar,\l;lNi; \Nli (ir IIIK ( 'i il.i iM K-.." 

'■ \' i.i;sAii,i.i;s. .Idiniiiiii 'l'.\. jsy.")." 
"After a long poridd of (juietnde oyster culture has rei-rntly made cdnsiderahle advance- 
ment. In the hasin of Arcachon, es]iecially, it ha> rajiidly ch'vehiped since isTO. The jiractical 
results attaiiKMl by the ini]ir()ved methods of work have attracted the attention <if all tho 
inhabitants of the basin, have even accjuired a great mitoriety abmad. and have iiuhiced many 
])eople to engage in this indnsti-y. TIk^ demands fur cducessinns of ground ha\e inci-c^ised to an 
unusual extent, and at the sime time the oyster culturists. a Iready jirovided with iiarks, have 
found themseh'es much iin-on venieiiced in the estalil i^hmeiits t liey now possess from the lack 
of room in wliicli to raise the young oysters taken in larg(> (piantities from their collecliu's." 

"A mi iiivicridi (li'risitiii. i>iil)l isln'tl in jsdo. rcscri'i'il fur llie i/i-ncidl fishcni tiuHc an 
('.fl('li<l('<l arcil ill Ilic liiisiii. npnii il'hirJi the I'sldhl is/inii'iil nf jiii rks iriis jiin/i iliih'i/. 'Ilic xilj)- 
j)res><iiili of III ix drill irux ushi'il fur hi/ smnc in llii inhrisl if df/alir I'lill ii ri'. Iinl lliiri' ini.s 
al/ii) aiiiitJn'r /idiii/, niiiimu-il la l/iix phi n, iici-oi'il i III/ Id ii'lmni II iriis iml <>iili/ ni'ri'ssiir 1/ In iiidin- 
iiii II llii' I'.risI i III/ ri'scrrdtidiis, Iml iilxn la rifnxi' dll iii'tP ru/icrxsin/is, n ndrr l/ii' /ireli.rl l/iiil l/ii> 

lltnll i jil icdl idii if llir iHirh's irmilil injiiri' llii- i/rni'iill lir<<>:/ii' ril 1/ ,if llir hd.Kiii." 

■At the beginning of last year, \'ii'(^- Admira 1 Dcniipierre d'lIoriio\-, then ministei', in- 
strncteil me lo proceed to these |ilai'e> in order to ascertain tin' state of aH'airs at Arcachon, and 
to rcjiort t<i him ili'-rixii. 1 returned from this mis>ioii r(iii\iiiced that the oy>ter iiidustr\- <if 
Ai-cachon was susceptible of imiuu'tant develoimients : that it merited fa vorable attention fiom 
the administration, and ilidl llw i/n'ati'r i)arl if lln- rrxi'.red itrcc ronhl he Inrned arer In oi/slfr 
ciillnre icilliniil 11 n 1/ i nriiiininii- lu-e in/iali'ri'r In llir i/tiii:rdl inleresta. The minister, in accord- 
ance with proiiositions whicii 1 submitted to him ui)on .this sul)ject, decided on the 2St]i of 
.lamuuy. ISTt. Ilinl all Ihc i/roiiiK/x if Hie hasin i/rl n uin-i-npied Hlnnihl hi- plai-ed at the disj)i/sal 
<f ju'iralc i niliislri/, ami in adiHlii.n 11 rerlaiii inniiher of nalnral oi/sler-heds. irhirli need to he 
iakeii care of, as the// roust ilnte hreediii;/ renters indis/n'/isahir to tin mai nlrna nrr if the parks'" 

" In executing this decision, the first work of dividing the old icserved area was effected 
during the year 1874 and received the sanction of the ministry on the IDth of lust December, 
.•-leven liumlred and twenty-eight new parks were thus authorized at one time, and were added 
to the seventeen hundred and six oyster-cultural establishments already existing in the basin. 
.\ second work of the same kind was also apjiroviMl by the ministei-, and a third will soon 
follow. At the same lime concessions of ground were da ily gra iited in all other jiarts of the 
basin and the great number of demands was not lessened, fiirthermoi-e. this progress in oyster 
cultiir*^ is not limited to the basin of Arcachon. In Morbihau indiistrx' and capital favor it in a 
nearly equal degre(>. There also oyster culturists, finding t he condition of the soil, climate, and 
locations ]iro]iit)ous. ha\ (', little by little, ]ierfec|ed tlieir methods and obtained I'cmai'kable 
results." 

" l'"rom these two centers of act i \'ity oystei- cult lire r.-idiates to a grea.ter or less extent in 
all directi<ni<. It ha< Ixmmi i>ermaneiitly esfa blished in the !ia\' of Mount Saint-Miclnd and on 



] I »0 

tlif s;iiiily bonlci-s (if \]if \'i\iri'. It .<Hcins ill ;i fair way of liecoiniiiy i-r-otablislicd nn the- 
roast of tlie island of .Noinnoiitii'i-s and the island of lie, wliere it liad previously given great 
hopes of tiucce>s at the time it was first started there ; it is more prosperous than ever on the 
banks of tlie Sendre. {•"inally. it has become in many iilaccs the ol)J(M-t of attempts wliieli will, 
witliout doiilit, pnive partially successful." 

'• Aware of the deej) interest taken in the cuast fi^lieries liy the Admiral .Maniuis, of Mon- 
taignac, who, in IS.jo, was one of tlie commission under tin' presidency of the ('ouiit ( 'hasseloup 
Laubat to prepare the penal law< of is.")2. 1 have thonglit that at this time, when oyster culture 
lias received a definite impulse, the minister would read with pleasure a detailed report of its 
origin, its first ])hiises, and its present condition. 1 lia\-e, therefore, by the aid of ddciiments 
collected at tlie bureau of fisheries, prepared this rei>ort. which comprises the history of oyster 
culture and practical descriptions (-tf the most iicrfected methods of cultivation ]iracticed upon 
our sliores." 

" 1 have tlie honor to submit this M'ork to the minister, and should he hnd it worthy of his 
approbation, 1 beg he will give it to the pul)lic as an aid in extending the knowledge and facili- 
tating the progress of an industry which is still wt'w and full of ]iromise for the future." 

'• I recommend that this rei)ort l)e published in the ilexne Maritime et Coloniale." 

" Commissary-* lenera 1 of the Marine, director of Administrative Att'alrs." 
"Approved." "Signed: Di-: ?.()N." 

"Signed: MOXi'A K IN AC" 

'•An AcrorxT ok TirK ('onihtiox oi- ()^•s•|•l:l; ( 'i;i.rri;i'. rx l.s7-"»." 

■' In addition to the taking of oysters by dredging, tliere exist two very distinct branches of 
oyster industry, which have hitherto been carried on to very unt'ipial extent," 

•■ The first consists only in the iniprovement of oystei-s taken from natural banks. I'he 
oysters are taken, so to si)ea,k, ready-made, are de]>osited in localities calcuhited to give them 
certain qualities of flavor, shapt' or color, and are tlieii furnislied to consumers after they have 
aciinired these (lualities, which increase their market \alne. It is a sort of stock-raising, 
analogons to that of tlie farmer who buys lean cattle ami fatt<'ns them before sending tlieni to 
market" 

"The second indn>try consists in talving the nysters when they are in an almost emlirN'onic 
state, as soon as they have left the valves of the mother oyster; in favoring tlie first phases of 
tJieir development by special care, thus saving from destruction a multitude of germs, which 
would perish if left to themselves; and subsecpiently in increasing artificially the harvest of 
these productions which nature lavishes with so much carelessness and prodigality. This latter 
industry has been compared to agriculture, which multiplies tlie i>roductions of the earth in 
order to meet the constantly inci-easing demands of mankind; hence the \i;unt^ f>//xfcr i-'//f'fre, 
which has of late been applied to it." 

'■First attempts made at t^airit-Seroaii. — It was in I'^rance, stnne twenty year.s ago, that 
oyster (Milture really had its origin.* .About the time M. ( 'oste visited Lake Fusaro, in 185."), M.. 
De 1)011, then commissioner of marine and chief of the service of Saint-Servan, now director 
of administrative affairs in tlie ministry of marine, was directed liy the minister to attempt 
the restocking of tlie old oyster-beds of the Ranee and of the roadstead of Saint-Malo, by means 
of shell-fish obtained from the beds in the bay of Cancale. In observing the results of these 
experiments, which succeedinl jierfectly well, he became convinced of a fact which had, until 
then, been contested, vi/.. : that the oyster can reproduce itself even after having been trans- 

* We shall sUow fuitlier vn that I lie Ameritan mttliud of oyster farming origimiled indeijtudtntly, :iiul several years before 
the Freiitb experimeEts, \n East River, New York. 



1(»1 

planted to Ixittmii^ wliicli ai-c left liarc ii( racli lnw t idr, ;iiid nn wliich it lias uo\ or i-xi^tcd hcCnn-. 
He was struck witli the facilities tliiis dtt'ci-eil fm- t lie nbtainiiii;' of ai'tiiiciai siipiilies of spat. 
He establlsli(>d at Saiiit-Servan, in tlie [xirt of S()lJd(ir,a xirt of cAperi mental park, and com n km iced 
a series of e.\i)erinients to discover means of fi.\inu- the s]>at emitted frtnu tlie oysters. In the 
year is.")") he announced to the luin istei' t liat the i| nest ion of ai'tificial i'epro<luct ion wa-^ for li i ni 
definitcdy settle*! in tin' aflirmat i\ c. In ISoS lu' asived to be authoi-ized to tr\' in one of t he iiark^ 
at Cancale tlu' system of collect i u;^- spat whiidi lie had decided niion. It was a >iu-t of llooi- 
formed of lioards from l"i to is centimetres wide ((1 to 7 in(dies|, upheld by stakes and placed 
■J(t centimetres |S i mdies) abo\'e t In' oysters. I la \ i nii' seen with their own eye< i he results of this 
system, the jiarkers of ( 'ancale did not hesitate to t^i \c if a t ria I a t t hei r own expense durinu' the 
sum me !■ of IS.",; I. The exjieri ment was crowued with complete success. In the mouth of ( )ctol)er 
in the sanu' year. ,M. I )e lion ti'ansmi tti'd to the minister, as a siiecimen, se\-eral boards co\'ered 
witli sjiat, some fri uii the IxmIs of ( 'ancale a ml some from the park-^ of the h'ance. 1 1 i~ e.\]ieri- 
meiitsliad, nmreo\er. become famous. The pr<'feet of the island of X'ilaiue had come to ]i;iy a 
visit to the pai'k and had com )u-idi ended t he scope of the disco\ cry . In pursuance of his ad\ ii'e. 
jM. 1)<' 15on sent sjiecimens of the oysters obtained by the new method to a local exhibition 
whiidi was Indd at Remies in Anu'iist, is.")!t. These s]iecimens, which wer^ accompanied \vitha 
description, attracted mu(di attention, and the Jury of the exhibition cduferi-eil a sihcr mednl 
upon the inventor." 

"^1/. (Josft^'ti .s/Kiff' ill the i ii/ iik/iicI itiii ';/' I In' iwic i iid n si r;/. — Not w i t hsta ml i Hi;- these satis- 
factory I'esnlts, oyster cnltnri' W(_)uld undoubtedly have foiiinl difliculty in overcomiiii;' the obsta- 
cles wliicli i>i'ejudi<'e always ))lac<'s in the way of new advances, in attiuctint;' imblic attention 
and snl)se(iuently in secnrinti' the costl.r ami iierse\ ei'inu' cH'oi'ts necessary to insure its specMly 
development, had it continued as a juirely administrative work, subject to the conditions of 
prudence and wise I'eserve wliirdi are always imjiosed ufion responsible fnnctionai'ies. It found 
ill M. Coste a bold (dianipion, who br(MiL;'lit to its service his reputation as a imin of science, his 
talent as a ])roi)a,t;andist, and tlie open snppioi't of tlu' (diii^f may'lstrate of the nation, which he 
had tiained by the eh.xjuent ai'dor of his con\ icticms. Made pi-olicienl for this work by i-eason 
of his studies on lish-cnlture, M. Coste had become mmdi impressed by what he saw in Italy, in 
the parks of Lake I'nsaro. He at once conceived the idea of transpoi-tini;' to I'rance the indiist i-y 
whi<'h tlourisheil so obscundy near the (lulf of Naples. In the repoi-t of his exiilm-ations, made 
.iannary 1. ls."i.'i, to the minister of as^ricnlture ami commerce, he ex])resseil a desire that the sanie 
pwcesses miu'lit be trie<l in the salt ponds of the south of l''ra nee. ;i ud also applied to the natural 
oyster-beds. He jiroposed to let down o\ er t hese oystei' beds in I he spa wniui;' season lai'ii'e wooden 
franu'S to collect the spat, whi(di should be withdrawn at the |)roiier time." 

" I/is Jir.^l iiiiKsioiis (1)1 llw codsl. — Two years afterwards, in ].s.")7, tlie l-",m[ierorc(.)mmissioiied 
him to make experinu'uts in mai'itime lisli culture. Soon thereafter, havine- received letters of 
introdui'tioii from the minister of the n\arine to all the maritime otlicers of the ports, he bf\ii'au 
to travel alon.s.;' the coast. He visited Saiut-Servan in August, 1S.")7. M. I>e Hon show<"d him the 
already decisive results wliiidi he had oldained, l)oth in restocking the beds of the Ranee and in 
collecting s[)at ar' ificially. This was a practical conlirmation of his theories, and in many r(>- 
spects a revelation of the means of executing them, for whiidi he was still seeking. He saw with 
liis own eyes the i'ei)roduct ion of oystei-s upon ground left bare by the tide, a fact which he had 
long denied and from which he snbse(piently derived so much ad\antage, ( )n the Ath of I'^eb- 
niary, ls.")S, in the first reiioi-t addressed to the I'lmjieror on the subject of his mission, he asked 
that a simultaneous experiment in r(^sto(dving and in oyster culture might be tried on a large 
scale in the bay of Saint-Brieuc. Il(> predicted its success, and his\i\id inuigiaation, entirely 
given over to the fondest hope-. alread\- sa^\• the coast of l'"rani-i' transformed by the same pro- 
cePP into an alnmst continuous chain of oyster beds, furnishing inexhaustible sui)]dies of food.'' 



1 (VJ 

'' Expert itieiif.< in the Bn ij i,f ><<i i iil-Brietir. — TJiis i-<'i)ort, wliicli w;i.< i)riiitpd in llie • Moiii- 
tciir,' attrMctcd niin-li attciifiou. M. Costc ri'ccivod from tlif minister of mai'inc all the means 
that he re(jiiire(l. Three luilliou of oysters, ]iurchas(Nl at ('Miieale and 'I'reyuier, were deposited 
(April, 1X")S| nt xarions ])oints in the l)ay of Sa int-i'.rienr. with tlie aid of two small steamers bi-- 
lonKint;- to till' i:u\ ci-iinicnt. whii-h towed the entire flotilla i:if boats carry in,u' the oysters. On 
these impi-oxised beds oystei- shells were i''''^'^'i""^ly ^'I'l'ead, to ser\-e as collectors, and, for the 
same jinriiose. loiii:' i-ows of bundles of fa.uots were h^t down and anidioi'ed at a heigld of -'Jn or 40 
centimeters i 1 L' to \:\ inches i above the l)ottom. ( )ther l)oats wrvr permanently detailed to watch 
and ke(>]) the new beds in i)i-d(>r. Success seenu'd insured from tlie first. At the close of tlie 
s]iawninji- season the collectors Ijioui^'ht to the surfai'e were covered with spat. M. Coste thoug'ht 
that now he wasabdut to see his jdans realized. Jle proposed to immediately uiulertake to restock 
the entire coast, and the re|i(irt in which he announced liis results in the bay of Saint-llrieuc 
(December, bS-'tS) i-ec(Mved the same publicity as tlie former one." 

" Aiieiiiptx lit iv^iin-l;iii{i mi a Iiinic .vca/r.— l'"rom this time onward oyster-cultural e.vperiments 
both by the department of marine and by private individuals developed rapidly. In the month 
of .bily, is:,'.i. a steamer called tlie 'Chamois' was jdaced at tln^ dispo.'-al of M. Coste to convey 
liim to such ]ioints alouu' the coast as he desired to visit, in order to direct his experiments, and 
esjiecially to co-oiierate in the oyster-cultural works under the charu-e of the commissioners of 
the inarilim(> inscri(ition and of tin' vessels guarding the fisheries, in .fannary, bSdd, two ami a 
half million oysters wei-e jiurchased at Cancale and distributed throuij-h the bay of .Saint-Brieuc 
in order to enricli its bottom, in \\;\\ and -Inly of the sanu' year two million nutre were pur- 
chased in i-luuland and taken to liorde.iuv, l)y the (Jlianmis, wheni-e they were conveyed to Cette 
by railwa.v Un- the form ition of oysterbeds in the Mediterranean, 'i'liis lot was divided between 
the i)oiid ot I'hau and the ro.idstead of Toulon. The roadste;id of J]rest was restocfved, and an 
oyster les >rvation, supidied ))\ la ri^-e shiiunents fi-om faiu'land ami iutendcNl to facilitate the 
stockinu- of the surronndim;' beds, was established in IWiise de la l'"orest, near ('(Uicarneau. In 
tlie basin of ,\rcaidion, exjilored liy .M. ('oste in ()ctol)er. IS.")'.), flu-re were establislied by his ad- 
vice two model parks to sei've as breediui;' l)eds for the entir,' Itasin and for the trial of the dif- 
ferent coUectiui;' aii])aratus thus far inv(uited. Sevei-al millions of oysters wer(! (h'posited in 
tiiese parks, and a e()verument ve<si'l. to^ethei- Avith a coa>t y'u.ird expi'i-ssly a))iiointcd, were 
charged with theii- sujiervision ami with the carryiug on of all necessai'y work." 

•'First itflni iifi\s Hindi' tiij prinitr iuil ii-<t r n . — I'rinitr iirl ust r;/ /dIIoii^i'iI the i ui piitse i/ireii 
tiij the !<tilie. On tJir r.nixts nf X^iruiK ii'l i/ iiirl Briftiliii/, mi tlmse e.vte ii't i irj frmli tlie Lnire to 
tlie (i i rmiile. unit in tlir tnisin nj' A rriirtmn . rnmwAfsimis were snt irited J'ruiii thr minister nj' the 
iiKtri nr : iiijsti'r piirks were estctlit islied , and tin- iiiuipti- eii'jm/i'd with eiiijer ness in e.rperiiueiits 
at artitifint reprml nrtion. Capital ists intrusted thr i r fn nds to enterprises of tJiis kind, ron- 
eeiced on a i/rand srate. 'i"he success in several localities was very marked. In the beginning 
of lsi;i, M. ('oste, in re(|uc-sting the minister to grant further extension to liis restocking opera- 
tions, stated that the bay of Saint-ilrieui', where the (irst experiments had been made, conld im- 
nu'diately furnish a harvest of several millions of marketable oysters : tliat tlu^ <-oasts of the 
island of lie had lieen converted into a vast and richly stocked oyster bed ; that the basin of 
Arcachon promised a hai'vest of incalculable ricdimvs ; that in the roadsteads of iSrest aiid 
'i'oulon the succt^ss attained, although less ])roiuum<'ed, was still of a natuie to justify the most 
sanguine hopes ; that at I^a Rocludh- and at ,Marenm>s the ]irodnction Avas eipially satisfactory ; 
and. finally, that in the ])ond of Than, if the oysters had not rejirodnced they had at least grown 
and aci|niied i|ualities wliicli would cause that ]ioud to be considered a ]ila<'e for imjiroving their 
ifav(n-."' 

-Kn ini'rinis fait nres — Teinporarij deetine of mister mttnre. — I'nfortunately nunu'r(nis and 
liitti'f disaiijxtint nuMits followed in the course of tin' succeeding years. The artificial beds of 



\0:\ 



Saiut-Hricuc wen- dpstroyfMl by iurliMUfiit \\-('atIuM', tiio ((y>t('rs boiiii;" sfMtt<'rfd nml tlu^ him(llt\s 
i>i' fiiL;-(>ts brolvcii apart and tlii'owii ii|ii)ii tlic shore ; tliey ii(.'\cr i-allicd t'l'oin tliis disastiM'. TIk^ 
roadsteiid nf Uri'st Ix'caiue a;i"aiu iiii]iii\iM-isli(>d, in i-i)ii<e(|ii(>iici' nf tlic iiiiixM-fect i-(']]i-ndurtii>ii of 
till" oysttM's deposited tliefe, and tlie jilnndei'ini,'' (p]ierati<nis of tin- fisliefnu-n. Tlie exjierinn'nts 
iniide in tlie ^[edittMTa neaii failed coinideteiy. The ]ia rk- of the islands of \U- and ( )leron and 
of I ,a Rochidle, aftei a lew years of ]ii-os)ierl ty, rapidly deidined and were ;ihnost entii'(dy ahan- 
doMcd. It wa> the sann' at < "am 'ale and in t he IJjinee, where the atteiiijits at oyster cnltnre, lie- 
.U'nn by M. De lion, resnlti'(l iin>a t isfae(ori ly not lonu' after Ids depai'tnre; the majority of tin; 
]iarkers ;ibandoiu"'d the work. finally, tin.' reporl of the nia I'it ime a nl liorit ies stated f ha I in t In^ 
l)a^in of A reaehon, at the elo>e of Isi;.",, the i^ox ei'iuuent pai'ks wei-e llonrishini;', bn( the natural 
beds were inipoN'erished, and jii'i \ ate in(histry wa> prostrated bi'canse of the fa i I nre to e(dleft 
spjit." 

••('(discs iif lilts (h'l-liiw. — W'liat «-ere the (■an>es of tln'se failnres, whieh sernn'd to indicate 
the rnin of all ho]ies based np<in oystei- cull nre V They were inanif(dd; in the lirst place, iijno- 
ra ncc (ir nei;'leci of thenatni'al law> ^'overninu' the fm'niation and continnancc of oystei- beds ; 
secondly, inijirudcnt attenijis at rest o(d\ inn', oi- cnlti\'at ion nnder nnfa vorable cii-cn instances, (piite 
excusable, however, at the outset of a new enterprise : and lastly, the iiie.\])erien('e of the oyster 
ciiltnrist, all of whom were t;-ree;i hands at the bnsiness, tlie uncertainty whi(di ]ire\ailed as to 
tlie clioice of fa\(n'able localities, the methods to lie followed, ami the ai>|iaraln< to be used as 
<'ollectors." 

•• Acliiiii iif llii' (IfjKiii nil' III I'f iiinriiir. — While secnndiim' the elfort> of M. ( 'oste the 
de]iartiiieiit of marine did not >liare in ]\\< illnsioii>. It riu'lit ly considered that the remn\'al 
and enlargement of onr oy-tei- bed~. exlia ii>ted by t he excessive drain ii|ioii them.coiihl not b(^ 
acciHn]ilished either as ^]>eeilily or coinplet(dy as he had a nticipa.ted. The de]iartmeiit was not, 
therefore, discoiirau'ed by tlie failnres it had enconiifei-ed. It was this de|iart nieiit. in fact, that 
had really ojiened the way, both by it> ex|ierimeiit> in re-^tockinu'. I'oninieiiced in |s:cj. and by 
tlie i)roniiilL;-atioii of the decrees of .Inly I. is.",.',. concerniiiL:- coast lishiim'. wdiiidi decrees laid 
tlie foundation of a rational system of remilat ions as to the takine'of oysters." 

••'/'Ill- cnii si Jlshni/ ri'ijnliil iiHis III' IS.",:; irilli irj'eri'iin' hi llic oi/sli'r. — The main features of 
this system of rei^-nlat ions are the prohibition aua iiist takinu' oystei-s at tiiiie>not allowed by 
by the iiiarit ime ant liorities : t he det<'rm ina t ion of the ]n'o]->ei- I i me for ta kiiie- them deiiendeiit 
111)011 tlie advice of sjiecial coinmlssioiis tluit \isit the oyster beds annnall.v ; the resi'r\ a tioii of 
beds found to be impo\'erish(^d or calculated to answer a-^ centres of reproduction: and, linally, 
the obligation imposed upon fi-hermen to throw back im to the beds or preserve in jiarks the 
yoiiiiu- oysters which have not yet ;ittained a. certain size. Wherexer it has been jiossibh^ to eiiforci> 
these I'liles coiitinuonsly. and at the same time keeji a sufficiently close watch to jn-ex'tMit tlie 
]dunderiii,!;- oiierations of fisheriiKMi and other ]ieo]ile livinu' njion the shore, the marine authori- 
ties have siii'ceerh^d in secnrim;' the jirosperity of the oyster bi^ls. jirovided I hey were e,--tal)- 
lislied upon Ixittoms naturally [n-oducti ve and not entirely e.xhansted ; the success of eiiter]n-ises 
whose object is to riM'onstruct beds, of wliich not a'tra-C(> remains, or to create entirely new beds 
is much more ]n'oblematical. in tliis latter case tin- lessons tanu'lit by experifnice have not been 
lost. Since lS(;."i the de]iartmeiit, without refiisiny' to enpiu'e in all attempts at slai-tinu' ^m'W 
lii'ds, has esjiecially endeavored to maintain the already existiiiL;' ones, to improve them by 
timely cleansing or by the additions ()f shell-hsh broimdit frmii ricdier localities, and, linally, to 
strentjthen the watidi ni>on them, wliiidi is the Ix'st method of presei-viiiL;' them. Thus, iu 
several localities, tliey haxc been i;ra(lna,lly raised from the ilecay into whicfi they had fallen." 

^•Jlesnlls iif llii' mill i II iii'il I'jiforceiiiciil iij' Ilii'Sf ifi/nhil imis. — Oyster cii It nre, jiroperly so 
i-alled, lia^ advanced continiioiisly. and in the course of its ]iro'_;i-e~,^ there lias been brought to 



1(14 

liglit n fart of iiriiii*^ iinpDrtanro, viz.. tliat tlic ai'titicial l)ree'diu<r of oy<tPi-s can scan-i-ly bf 
siiccessfiil t'.xcciitiuy in the iieiifliborliood of tlif- natural spawniuu- beds. Tims the oy.stcr park 
of the ,'slaiHl of Uf became stei'Lle as soon as tlie lunghborinu' iiatunil beds which supplied it 
had disiippcai-ed. The abaudnunient of the attempts at nystei- culture at Caucale was contem- 
ponuieous with a prolouyed impoverishment of tlie oyster beds in the l^)ay of ^Mont-Saint 
Michel; these beds are HOW becoming filled up au'ain, and oyster-cultural industry has r(»a])- 
jieared u|ion the sliore< of that I)a.y. at \'ivier, where it is incren-^iuu- daily. It is the same at 
Arca(duni and in tlie rivei-s of Morhihan. Tlie oyster propagates widl iu ])arks, as wa-^ denuiu- 
strated by M. De Ron. and i)erhai)s at souie future tinu- it will be yios^ilde l)y improved methods 
to collect the spawn a rtiliidally jiroduced in suttii-ient quantities, esjiecially if the opei-ation be 
perf(n-med iu a favoral)ly nu'dinni ; l)nt at ]ireseut au abuiwlaut >upidy of simt from lar^'i' natural 
beds is essential to success." 

••/'/vjr/rc.y.v iiKtde hj/ iniroh' 1 ndnxl rij — I iii pTfiri^d //h'IIkhIs — I'l'rlcdl 11/ ni/xlt^r cull iiri'. — On 
tl/r tillirr hand llii' i>//.sff'r-ciilf iirisi s. tii nij/if hi/ tin ir mrii r.ii>ericiii-ex a 11// In/ Hit' /fsnjfx att(iiitf(f 
lltiniKpi llif i/dCfniiiiciil cvpfiiiiieidiil parks. Ix'cauie nmrr srjf-rt'lid id : Ihf)/ iiiiprorcd tJiclr 
iiiipleincids mid llndr mi'tlnxlx ';/' imrk. If mai/hi' itljirmt'd I/kiI in ihi- lira priiicipul ceidres in 
■which it ix new fill lied mi. Ihi- hitsin.s nf Arrachiin and yinihihun. this indnslri/ then emei'ged. 
/'nun its jieriiid ';/' nnceiiniidi/. Tlie ijienl pndifs reaJized fJiere dnri lu/ llie past few ijears liare 
l)iaii()ht oi/ster i-idliire aijaiii inla f'aror and turned tmrard it a i-nrrent nf talior and capitat 
niiieli i/reater tJian that irhieli jUiired in the same direetimi after tlie pidit ii-atiun uf J7. Caste's 
report. Bequests fur coneessia/is af parks are reeeired tnj the minister uf marine frian. at I 
(inarters of the riinst. Atteni/rts are tieimj made fi, reronst rm-t <>t<l and alxind'ined e-s-fatdish- 
inents. white new ones are lieinij started in the maj'ia'it;/ of tocatities where others for inert 1/ 
e.riste'l. Those seekimj (/rants desire particntartij the nnelai ined toeatities in the tiasin of 
Arcurlron and the rirers of the nrarine snli-distrirt of /.orient, eertain that theij ndtl receire 
in the I lit lire what is promised Ihj tlie pnsi-nt." 

•'Bapid iiiriease in the nnmtier of oi/ster-cidt n rat estalit islniie ids at Ari adion. — .4/ the rtd.si 

of 1S71 t/ie parks rontrotled tjij prirate parties in this tntsin immtiered I'l^ and omipitd a total 

area of "iS.S hrctare.'i (l,4-')() acres] : at the rtose of 1S72 thei/ were i.i:'.:! /// nnmtier and accnpied 

an area of l.odl /i.ertares (■2,f)2-") acres): at i/ie i-tone of ISTl the;/ nnmliered l.TOi; aul corered air 

extent of l,7;i:i hectares \ \;.\\^\ acresi, not coiintinr/ the portion forriiert ij included in the reserred 

zone lint noioijiren ofer for ]>arkin<j. '/lie denomi nation ••Beterred Zone" was applied, to a 

eonsideralite section of the hasin in irhich parks were prohihiti'd in order to retain a common 

fishinij ijronnd whic/i <-ontd he frei/nented t)i/ alt. In riew of the (/real increase in oyster 

rid til re at Arcachon.tioth to satisf;/ the claims of the old parkers. who complained t/iat t/iey 

were cramped for room, and to meet the new demands which were ■ coiistantt ;/ i ncreasinij in 

itiimber, the minister of marine derided, on Jaimari/ I's, isT-l. /" (■pen np the (jreater portion of 

l/ie reserve zone to prirate indnstr;/. The remainder (f this zone. positireJi/ with/iejd from 

prirate demands, comprises e.rct nsiret ij the natural heds if the hasin irith their immediate sn r- 

Toii ndiiii/s. irhich it is inr/xaiant to jirotect at/ainst all intrusion, as t/ie prosperiti/ of the parks 

depend upon their preserratio)i. In pursuance if the mi nisteriat decision of Jannarij 28, tlie 

first work (f diridiiKj of t/ie sections /or distrihntion was carried on dnring t/ie pear 187-4 ; a 

decree has just tieen issued for the for mat ion of 72.S new jHirks, irhich. added to t/ie 1,70() noir 

e.vixtiiKj. will make a total of -l.ViW concessions and an e.rtent of -l.W>\) hectares ((),G2o acres) to 

be accnpied hp oi/ster mil are. A second work if the same character has just terminated : 

a third will soon follow.'' 

"Frosperons condition of the estalAish inents at Morhi/ian. — In iSIorbihan the development of 
^ oyster culture is no less striking. The section of Vaniies contains nearly 20U oyster parks, while 



Id.", 

tliiit iif AiiiMV ^\■ill MKiii liiivi' •'.(III ;iiii1 ri'i|ui'sts arc still coiuiut;- in. Tliu-. pfi-sinis in all stations 
of life ai-i' fii^'agiii^i- ill oysti'i- riiliiii'c, ciilii-r by iiu'i'stiiiu' their capital in il or by la lioriiiL;- for 
ir. Many of them arc wil liont experience in the matter and i t, t hci'i'lorc, >eems projiei- and 
<)|i]iortnnc to add to t li i^ lirief h i-.torica 1 slcctch a few pi-acl ica 1 renia rl<s conceian m;' t he iirocc;-M'> 
now ill nse foi- t he cnit i \ at ion of theoy>|ei-. A know led>.:-e of the processes which ha\etlie 
authority of siicces-;. will. ])ercha nee, i;iiide inexperienced oyster-cnlt nrists in t he'iaulit di reel ion 
and]ire\cnt mistakes; it may a Iso i ncile ot hers who a re st i II iinlitferent ortiiniil." 

< hie of the most inteiM-<t imj- and in~t laict i \-e Ics-ons to he learneil rrom this history of 
oystei- fa rmiiii;' in l'"i-ance. isfh.-it pi-i\ate i ndiisl i-y i n t h is (iidd. as in a 11 ol lici's, can accoin]d ish 
iiiori' than government iiillnence. ami I ha \ e mai'ked with italics in this la^-t extract. se\('ral 
jiHssayes ■wliich show t lia t, as t he mill i va t ion of pri v;ite fa rins s)n-eads. tin- ad\ isa I li I it>' ol' de\ ot- 
inii all suitalile u-roiinds to | Ids use hecomes more a ml nnn-e a]iparent . 

I-'.x])erience, the world cc, er, t ea(dies that tliemost eHicieiit au'eiit fortlie preserva tion and 
development of nalnral wealth is pri\ate owiiershi] i. 

'Idle op|)osil ion ill Maryland at present, to the i:ra lit i iil;' to prisale holders, of aii\' nalnral 
oyster lied. i< \cry sti'oiiu- indeed, init little insii^ht into the rntnre is needed to per<'ei\<' that 
tile disajiiiearance of I his fe.diim- Won Id i-<>-iilt in an ein iniion- i ncrea^e i n I he pro^perily of our 
l>ei>iile. 

(hs'iia; !■■ \i;\||.\(, IN \ \li:i;|i'.\. 



'I'lie American system of oyster farinini^', w liich jireseiits some features ol' rcsemhlance |o 
the l'i'(Mi(di system, and also many di ll'ereuces. has L;rowii ii[i as tin- result of prisate entei-jirise, 
witliout any ludp or any direct enconraii'eineiit from a'ln ci-nmeut. 

'llie Freiicdi iieo]ile are i^'encra I ly Indd lo he the oriuaiiators of nioih'rn oystei- fa rni iu^;-, hut, 
as an American, 1 take ]ileasnre in pointim;dnl that our o\\ii industry, whiidi is now so exten- 
yiv(dy developed in ( 'imnecticut, lias not heeu burrowed fnnii I'rance.biit has L;'rown up inde- 
pendently. 

Se\eral year~ before ('osteand lie Hon coninienced their exiierimenls. fhc oysternuMi of 
ICast Ki\"("i% luuiiiL;' observed that yon iil;- oysters fastened in ureal nninbers upon slnd Is. wdiiidi 
were placed upon thela'dsal the spawnini;' season, starl ed t he jn'act ice of shidl iiiu' the beds, in 
nriler to increase tlie sii])]dy. and in is").",, nr three years before (Vistc i'e]iresenled to the I'reiich 
Emperor the imjiort a nee of similar exjieriments, the State of New ^'ork eiiacled a law I o secure 
to private farmers the fruilsof tludrlabor, and a number of |>ersons eim'aii'eil in t he new industry 
on an ext(Misi V(^ scale. Amoiii;' these picuieers in this held were Mr. Ford ham, ( '.apt. i leni'y liidl, 
]Mr. ()liver ('ook, Mr. Weed. .Mr. Hawley and others. 

Tlie industry liasu'rown steadil.v from that time, and Vax^I Riser is now said by iim'eixdl to 
Ite t he scene of the most pa iiista iviiii;' and si-ienlific oyster cultui-e in t he I 'iiited States, and the 
interest and imiiortauce of the subject is so i;reat that 1 ipiote the \\ hole of 1 imerscdl's account 
of its orli;'iii, develo])ment, and present methods: 

" 1 liave MO (h)nbt that, \\liate\-er was tlie date of its oriuin. the creilil of first truly proi)a- 
gatliig" oysters from seed ciiiu'ht upon artiiicial lieds or prepared i-ecejitacles, Ijelongs to tlie men 
of City Island. It liad been a matter of common obsei-vation, that any object tossed into the 
wati'r ill suniMK'r. became co\-ered at once with infant oysters. Tlie sedyes nloiii^' the edy(^ of 
the marslies and the faioys. stakes, and wharf-piles were simiLarly (dothed. If the circiiinstances 
were favorable, this dei)osit survived the winter, and the next sprin.t;- the youn.i^-sters were lar.t;'e 
eiiouali to be taken and transiiLmted. It was only a slioi-t step in h)i;1c, therefore, to conclude, 
that if objei'ts were thi'own thi<ds;ly into tlie water, on piirjiose to catcli the tloatiiiy s])awn, a 
hu'u'e i|iiantity of v'oiiul;- oysti'r< would \)v >^eciired, and could be saved for lraiis]daiit ing at veiy 



10*5 

slin'ht cxpoiiso. Tlii^ ni'xt <iuestioii was: "SVliat woiilrl best sorvf tlio purpose ? Evidentl.^ 
JiiitliiuK could bf l>ett('i- tliau tlie shells \vliicli. year by year, accumulated on the shore from the 
season's oiieuint;- trade. They were the customary resting-places of th(> spawu, and at the same 
time were cheai>est. The ( ity Ishind oysterman, therefore, began to save his shells from the lime- 
kiln and the i-oad-master. and to si)read them on the bottom of tlie bay, hoping to save some of 
the oyster-si>awn with which his imagination densely crowded the sea-water. This happened, 
1 ;im told, more than fifty vears ago. and the first man to jiut the theory into jn-actice, it is 
rememlxn-ed, was the fatlnn- of the I'ordham llrothers, who still pursue the business at City 
Island. Tn ]s:..">, ('ajitain Henry l'>ell, of liell's Island, i)lanted shells among the islands otf the 
nu)nth of .\orw;ilk l>'i\ cr. and a short t imc aftrr, undei- the protection of the new law of is.i."), 
recognizing private jirojierty in such beds, Mr. Oliver C:>ok, of Five^File Kiver, iVIr. Weed, of 
of South Norwalk, Mi', lliiwley, of l)ridgep(n-t, and others, went into it on an extensive scale. 
Some of these i;i'n tlenn'U appi'ar never tohaxc heard of any iirevi(nis oiierations of the sort 
l)isco\(M-iiig it foi- tlicmsclves, as it was easy and natural to do, they supi)Os(Ml they wei-e the 
originators; but i I' ;iny such ci'cdit .-ittaclies anywhere^ 1 bidieve it belongs to the City Island 
num. ll wa< soon discovercil tint uiiifoi-m suci;ess was not to ho hoped for, ;ind the steady, 
nuimiilici'iit ci-oiis reaped li>- the earliest ])lauters Avere rarely emulated. ^lany planters, tlu're- 
fore. di-l rusted the whole scheme, ami returned to their siiuide transplanting of natural-bed 
seed ; but others, with more cousisteiicy, set at work to ini|ii-o\-e their chances, by making' more 
and UKU-e fa\ii|-able the niijiort uni I ies for an oystei'V egg successfully to attach itself, during its 
brief iiatatoiy life, to the stool jirejiared for it, and afterward to live to an age when it wa.s 
stront;' euouuli to hold its own auainst the weatlu'i-. This invohcd a closer study of the general 
natural history of the oystei'.'" 

•■ 'Ihe fiist thiuii- found out was that the Hoat ing sjiawn would not attacli itself to i>v 'set' 
(in the \ eruacular of the shore i, u] on anyt liiiig which had iuit a clean surface ; smoot hness did 
not hinder — glass bottles wei-e I'reiiuently coated outside and in with young shells — but (lie sur- 
face of the object must not be slimy. It \\as discovered, too. that th(> half-sedinn-ntary, half- 
vegetable de]iosit of the watei', coating au\- submerged object with a sli]ipery film, was acquired 
with mar\clous speed. Thus shells laid down a very few days bef(U-e the spa wniug-tinu' of the 
oysters l)ecanie sd slim\- as to catch little or uo sjiawn, no nuittei' how much of it was floating in 
the water abo\<' them. This lanulit the oystermen that they must not sju'ead their shells until 
the midst of the si>awning-seasou ; that mie sti'p was gained when tln^y ceased spreading in May 
and waited until .Inly. Now, from the "ith to the loth of that month is considered the ]u-oiper 
tinu', and no shell-planting is attemi)ted before or after. This knowledge of the sjieed with 
which the shells became slimy, was turned to account in another way. It Avas evident that the 
swifter the cui-rent the less would there be a chance of rajiid fouling. Plantei's, ther(»fore, clmse 
their ground in the swiftest tideways they could find." 

" Tin- nnn-e manner of sjpreading the shells was also found to be important. If they are 
riulely dumped over, luilf th(>ir good is wasted, for they lie in heajts. The ])roper method is to 
take them fnnn the large scow or sloo]) which has brought them ashore, in small boat-loads. 
Having anchored the skitf, the shells are then ilirted broadcast in all directions, by the shovel- 
ful. The ne.xt boat-load is anchored a littli' farther on, and the process repeated. Thus a thin 
and evenly-distriliuted layer is spread over the whole ground. -lust how many bushehs a man 
will pla<'e on an acre depends upon both his means and his judgment. If he is shelling entirely 
new ground, he will si)read more than he would uikui an area already improved; but I snjipose 
2")0 bushels to the acre might b(> recommended as an average (juiiutity. Having spread his 
shells in midsunnner, the planter, by testing them early in the fall, can tell whether he has 
succeeded in catching upon them any or much of the desired spawn. The young oysters will 



107 

aiijic;!!- MS iiiiiiuti' Hakes, easily detected l)y the e.xiiereiiced eye, attaclii'd to all j^arts of the old 
^lielj. if he lias not no set whatever, lie considers his investmeut a total loss, since l)y th(> next 
season, the l)ed of shtdls will Juive l>ecoine so dirty tliat the spawn will not take huld if it coines 
tliat way. Supjiosinu'. <in the contrary, tliat younn' oysters are found attached in niilliuiis to his 
ciiltcli, as often Jiajipens, crowdinii' ii]ion each old sliell until it is almost liidden, what is his 
next stej) ■.'" 

'■ The ordiiitiry way in the l'",ast !;i\-er and (dsewhere, is siiiii)ly to let the bed remain (|niet, 
until, ill the coiii-se of tlireeor foni' years, such oysters as have sur\ivpd are lary(> enoiiu'li to 
s(dl, when the bed is worked — at first. ]ii-cibably, willi l<ini:-s and rakes. u-(>ttinii' up the thickest 
of the crop. This done, dredyes are jint mi. and everythinu' that remains — oysters, slndls, and 
trash — is remo\i'd and the u-ronud left (dean, i-eady foi- a second shelliiii;', oi- to be planted with 
seed, [lerliaps riuht away — jierhaps after [lie area has lain fallow, e.\iios<Ml, nncovered \n the 
iiiMueiices of tin' sea for a yeai'. ()yst(M-nien liaNcan idea I [irobably well fomidi^il, thoiindi badly 
theorized n]>onitliat this improses tlie bdttoni for oyster-ciiltni'e, as nincli as a similar rest 
would (he soil of an upland field for at;rii'iilture." 

•' In the process of y-rowth df the yoniii;- oysti'rs lodu'ed iiiioii the fields of ciiltch. when left 
undisturbed, thei'e is, and must of necessity be, a yi-eat waste under the most faxorable circnm- 
.stauces. l.eavint;' out all other advei-sities, this will arise fi'om ov(>r-crowdint;'. ^lori' ' l)listers ' 
alta(di themselves iijion a siiiLi'le slndl than can come to maturity. ( )ne oi- a i'l-w will (ditain an 
accession of i^rowth ovei- the rest, and crowd the otlnn's down, or overlaji them fatally. l'",veu 
if a laru'e uumlM-r of youui;- oysters attached to a siimde sto(d do u'row \i\i toii-etluu- (Mpially, their 
(dose (dbowim;' of one another will pi'obably result in a idose, crabbed buiKdi of long, slim, 
iinshai)ely sanqdes, of no value save to lie shuidscd. To a void these misfoi-tiines, and, liaviui;- 
ii'ot a laru'c (piantity id' yoiin^' ti'rowt h. to sa V (■ as mindi as jiossible of it. the more advanced and 
eneru'etic id' the jdanters, like the lloyts. nf >;orwa Ik, ]inrsiie the foUnwiiiL;- ]dau: \\'hen the 
bed is two years old, by which time all the yomm' uysters are uf sufficient a.'4'e and hardiness to 
bear the removal, coarse-netted dredii'es are put on, and all the bniiches of oysters ai'c taken n)i, 
knnrked to |dei'cs, and either sold as ' >eed,' or redistributed over a iiev\' |iur(ion of bottom, thus 
wideiiiiiL;' the jilaiited area, and at (he same time leaviiii;' nioi-e room fur (hose sinule oysters to 
ii'i-ow whi(di have sliii[ied tfiroiiuh the net and so escaiied the di-ed>;-e. The next year af(er, all 
the iilantation, new and old, is i;'one o\ er and suitable stock culled out for trade, three-year-old 
l'',ast Iv'iver oysters bidun' in demand foi- the l'",iiropeaii market. This further thins out the beds, 
and the followin.u- (fonrthi year the main crop of fine, well-shaped, well-f(Hl oysters will lie taken, 
and diirim;- the succeed iny summer, oi- perhajis after a year, the .urouud will bo tliurouii-hly well 
<deaned up. and jirejiared foi- a new shellin.i;'." 

" .Vll these r(Mnarks a.p]dy to a reasonably hard bottom, wliich reijiiires no ju-evious prepara- 
tion. Tn portions of r.oui;- Island Sound, especially off New Haven, it has lieeii needful to make 
a crust or artiti( ial surface ujion tlie mud bef(n-e laying down the sliells, 1'his is done with 
.sand, and lias been alluded to in the iduijiter on New ]lav(Mi harbor." 

"Just what makes the best lodgment for oyster-spawn intended to be used as seed, has been 
greatly discussed. Oyster-shells are very good, certainly, and as they are cheap and almost 
iilways at hand in even ti'oul)lesome (tnantities, they form the most available cultidi, and are 
most generally used, .'^mall gravel, however, has been tried on ]iarts of the Connecticut coast 
with great success, the advantage being that not often more than one or two oysters would Ix^ 
iittached, and therefore the evil of buntdiiness would be avoided, Where scallo]) shells, as in 
Narragansett bay, or, as in northern New Jersey mussels and jingles, Anoinia, can be procui-ed in 
siiflicient quantities, they are nndonlttedly Itetter than anything else, bi>cause they not only 
break easily in culling, but ar(! so fragile that the strain of the growth id' two or more oysters 



iUtiichcd to a ^iiiL;]f >c;i lliiji or iim>'iel-\ al V(-. will uftcii rrack it in ]iit'ccs. and si i iici-iiiit the several 
ineiiihei-s of the limieli to --epa i"ite anil i^Tow into s4'oo(l sliMpe, siiit;iy. 1 am not iiware that any 
of the elalxirate affaiii^-einents made in France and l-je^'laiid for catcliiriii' and iiri^^ervinn' the spat 
]iave evi.'i' been imitated liei'e, to any jiractical extent. The time \vill come, no dduht, when we 
shall be ,i;dad to ])i'o(if i)y this forei^-n example and experience." 

•'.Mthoniih theelfort lo pro])at;'ate oysters by catidiinu' ib'iftinu' spa^vn uiioii pri']>ared beds 
lias been tried nearl\' everywhere, from Saiuly llook' to I'rovidence, it has only, in the laiiiority 
of cases, ]ierhaiis I min'ld say a small minority <if cases, ])ro\ed a in-ofital;)le nndei-tiikin,'^- to those 
oii^'ai^'inL;' in it : anil many ]ilantei-s liav(:' abandoned the process, or at least calcnlatcd bnt little 
npoiiany iirt']>ared l>eils, in e-~l imatiiii;' the jirobalde income of the ]>ros])ecl i\ c >ea>on. 'This 
arises from one of two caii>e~: 1st, the failure of spawn to attaidi its(df to Die cultch ; ny. 2d, 
ill case a -set" occurs, a suhseijuent death or destruction." 

'■ 'Idle sii]i]iosit ion amoiiL;' oystermen generally has been that tlie Avate]' evei'ywliere njiou the 
coast was (illed. more or less, with drifting oyster-spat during the siiawniii-- season, wdiether 
tiiere was any bed of nystiM's in the immediate neighliorhood or not. In otlu'i' words, tliat there 
was hardly an\' limit to the time and distance the sjiat would drifl 'with the tides, winds and 
currents. I think that latfdy this view has ])een modified by mosi tlsjiermen, and 1 am certain 
it greatly uee<ls umdilication : but, as a c(uise(iuence of (he o|iinioii, it 'was l)elit'ved that oue- 
])lai'e was as good as another, so hmg as thei'c was a, good ciii'rent nv tideway there to spread 
sliells for spawn, wiietlier tliere M'ei-e any living oysters in in-oximity or not. l'>ut tliat this view 
was fallai'ioiis, and tliat many acres of shells have nevei- exhibited a single oyster, simply 
because ther(> was no spat ov sources of sjuit in their \icinit\", there is no I'eason to doubt." 

•• Having learned this, jilauters Ijegan to se*:" tliat they must jdace with or near their beds of 
slndls living mother-oysters, called • spawners,' whiidi should su])ply tlie desired spat, 'i'his is 
done in two ways — either liy laying a narrow bed of old oysters across the tideway in the centre of 
the slielled tract, so that the si)awn, as it is emitted, may be carried up and down over tlie breadth 
of shells waiting to accnmniodate it, or by sprinkling spa wners a 1 1 about the ground, at the rate 
• if about 10 biisluds to the acre. I 'iider these aJ'rangenieiits, 1 he circumstances must be rare and 
exceptional when a full set will not be secured upon ;i II slndls witliin, say, twenty rods of the 
spawners. < )f course fortunate positions may be buind where s])awii is produced from wild 
oysters in abundance, oi- from contiguous jdanted beds, where the distribution of special 
spawners is unnecessary: yet e\'eii then it may he said to be a wise measure." 

" Tlu' successful ca.iiture of a plenteous ' set,' ]iowe\ cr, is not all of the game, '{"his must 
grow to salable maturity before any jirofits can be gatiiered, and it so often hai.)]iens that the 
most promisiiu' beds in September are utterly wi'ecked liy .January, making a total loss of all 
the money and labor expended, that more than one iilanter has decided tliat it does not ]iay to 
attempt to raise oysters u])on shells, so long as lie is able to liny and stO(dv his grounds with 
half-grown seed — a dei-ision which may be based iiiion sound reasoning in res]iect to certain 
localities, l)Ut wliich cei-tainly will not apiply to all of oni' iKU'tJierii coast." 

••To what causes tlie widl-filied artificial beds of infant oysters owe the destruction wliiidi 
seems oft(^u to overtake them in a single night cannot always lie told: we are not sufficiently 
ai'ipiainted either with the oyster or the conditions under -which he lives to dete(^t the fatal 
influence. It is easily pei-ceived, however, that these projiagation lieds offer an unusual attrac- 
tion to all the active enemies of the oyster, such as winkles, drills or borers and starfislies, since 
they find there food not only in siii.ierabnndaiice, but thin-sli(dled and tender, so as to be got at 
in the easiest mannei^. It lias very fi'eqnently liappened, in the l-;ast liiver, that starfislies alone 
liave not only eaten up many acres of young oysters in a single season, on shelled ground, bnt .so 
cohinized thei'e as to ruin utterly that ti'act for any furthei- use, so lojv.;' as tliey i-euuiined. it is 



i'('rt;iiii lliat tlic ]ialf-i;ro\vii Iraiisplantcil seed is less at tract ivo to uyster cDomics tljaii tlu" iinijia- 
liatioii l)p(ls ; ))ut wliou, as frcijiicutly occurs, tlic latter survive misfortiino and attack, the yield 
of jirofits is so throat as amply to coiiii>ensate for the I'isk. Those who do not catch any oi- suffi- 
cient seed for tlieir i)nr|ioses, upon areas of slndls or other cultcli, annuatlv jirocure yonni;- 
oysters of natural n'l-owtli. or 'seed " with which to stock- their beds." 

"The ,i;-reat drawback to Ivist Kiver oyster-idantiny, of every kind, is tlie abundance of 
enemies with wliich tlie bedsai-e infested. Tliese consist of drum-fish, ska tes, a nd. to a snia II 
deu'i-ee, of various other fishes: of certain sjionii-es and in V(n-t(^l)rat(^s (hat dosliti'ht dama.^-e; and 
of various boi'lng inollusks. the crushinu' winkle, and the insidious starfish or sea-star. It is the 
last-named {ila.irne that the jdanter drcMids tlu' most, and the dii-octly tra<'eal)le harm it does 
amounts to many tens of thousands of (hillai's annually in this district alone. Indei'd, it setMus 
to have here its lieadipiartei-s ou tlu' .\niericaii oyst(M'-coast ; but as 1 shall devote to it a si>e(nal 
<lescrijition in my chapter mi the • l-",nemies of the ()yster,' 1 will only mention hei-e the fact of 
its baleful ]ii'esenco, which has utterly ruined many a nnin's wlude ye;n-'s work.'' 

InyiM-soll states that "Jn l)ushels of shells laid down anywhere in tin* u]i]iei- part of Harru»i,!fat 
Jiay, New .lei-sey, will pi-ochice joo Iiushelsof seed oysters, but that tliere is no protection for 
this industry, as iioi)ular ccmstruction makes siicli beds " natural ground." 

At llrookham liay, off the soutli i-oast of Long Island, in the region of tlie wcdl-knowu '-Ijlue 
point" oysters, it has been the custom for several years to lay down slndls, scrap-tin, Ac. for the 
jittaclimeid of the young, and when this is done near any oyster lied, m- whenever sjiawning 
oystei's are ]ilaided among the shells, there is rarely a failure to get ]ilent\' of young. 

TIh' Delaware ]ilauters often find that after a liottcun lias been used for many yearp! 
for jdanting, the young oysters grow upon the shells which gi-adually accumulate and a very 
valuable ai-tificial oyster lied is thus (Established. The la w-a billing cit izens resjiect the ]U-ivate 
ownershi]! of these l)eds, and they are a source of wealth to their ])()ssessor. 

Within the last three or four years, the State of ( onnect ii'iit has ]iassed laws to de\elo)i and 
protect the oyster-farminu' interest, and it has accoi-(liugl\- deV(do]>ed with wonderful I'aiiidity 
in this .State, and within the last year I he adjoined State of IMiode Island has jiassed laws to 
secure a similar ccniditioii of things. 

The history of tlie growt h of t he ( 'oiiuect iciit indnsti'y isgi\cu in another )ilace. under the 
lieading, "Oyster Indnsti-y and (»yster Laws of Connecticut," and it is not necessary to reix^at it 
here, but I quote friuu the "KejKU-t of the Sliell-l'ish Commissioners," of ( onnect icut, fiu' ]SSl>, 
the following aci-ount of the method of cultivating a private fai'in in that State. 

1 also (piofe from their rejiort for iss.',. the following statement of the jiresent condition of 
the industry : 

"The deeji-water cult ixalirs ]irocred in three di tie rent ways to make lieds. (1.) The bottom 
Ix'iiig juojierly (dejtred off, the seed oysters, mi.xed with the gra\(d, jingles and otlier slndls just 
iis they are gathered f)-om the natural 1)eds, aiv distributed thereon more or less nnifoi-mly, ;ind 
there left to grow. ("J.) ()r the bottom is sjiread over wit h clean oyster shells just befoi-e the 
spawning season begins, and brood oysters, twe7ity-five liushels to the acre, are distributed over 
the bed. (.'!.) < )r, if the bed is in the neighborliood of natural beds, the sludled bed is left 
without further iireparation to catch the si>awn as it is drifted above it. Sometimes tlie shells 
fail to 'catcli a set,' and tliis nuikes it necessary to j-ake ovei' the sliells the following year, or 
to cover them oxer with more fresh slndls for the ne.vl spawning. There is always an abundance 
of spawn in the water's of the sound, and when a sid is secured an (Miormous crop is the 
result. < )n a ju-ivate dee]>-M'ater bed, during the past summer, the dredge was drawn at random 
in the presence of the commissioners, and from an ordinary -size sliovelfull there wer<' counted 
■J(H) young oysters in excellent condition of the avin';ige size of a. (jna.rter of a dollar. .\s many 
as a hundred yonngoysters ha\c l)een <-ounted urowinu' on a medium-sized ovster slndl." 



no 

" 'I'lie beds are caivfully tendt-fl, aiid no pains are spart'd tn kill all tlii' enemies of the 
oysters found among tliem. liy continual vigilanee the ]irivate beds are kept comparatively 
free from them. 'I'he larger proprietors of deeji-water lieds use steamers for this work, as also 
in doing- their worlv of planting, raking ovei' and dredging, and they use larger dredges than tlie 
sail vessels can, as they are also woi'ked by steam at a gi-eat saving of labor and expense. 
When the oystei-s have gidwn on these beds to a nierciiantable size they are sometinu-s sold 
directly from tlie beds, l>ut more fre(inently they are transplanted into lu-ackish or fresh waters, 
where they are permitted to remain for a short ])eriod to freshen and fatten for nmrket." 

■' 'I'he foregoing table affords tlie grund for the assum])tion that iiy the time of tlie opening 
of spring work, in l<s,s:], 4i"i,<l()() acres of ground will have been deeded to applicants by the Com- 
missioners. Tliese, with the 45,()()() acres deeded by tlie towns prior to May, ISSl, will show an 
aggregate of !)(),()()() acres held by cultivators under State jurisdii tioii." 

" Of this vast area a lai'ge portion lias l)eeu cleareil nji and slielled. ( )iii' firm has laid down 
•2.')(),(>0(i bushels of shells. Several large growers have laid down as many as 2<1(),(m»o busliels 
eacli. A s ill larger number have scattered a hundred thousand, fifty thousand and twenty thou- 
sand each. 'I'here are about -io steamers engaged in the business, besides a very large numljer 
of sailing vessels. Shells that but a few years ago wer^ almost worthless have inci'eased in 
value, and are souglit after far and near. It is estimated by com])etent judges that the numljer 
of acres under cultivation is at least double what it Mas one ^ea.r ago. With trifling exceptions 
good sets have been secured ui)on the lieds, and if no unusual ac<-idents occiii', the crop, the next 
two years, will be enormous. One cultivator alone looks for no less than l,(ioo,()(i() busliels of 
marketable natives from his own grounds. Several other growers, individuals and companies, 
are locking for large croi)s. And all are planning to still further extend their farms." 

" It does not admit of a doubt that the business of oyster growing as carried on in the waters 
of the Sound is exceedingly profitable." 

sv.\r col, i.K( rows. 

During the jieriod of his employment liy the l-'rench (ioveriiment to rejilenish tlie oyster 
grounds, Coste devised a number of plans for furnishing an attacliineiit for the oyster s])at, and 
tliese devices have been greatly improved by otlier experimenters. 

Most of them could be employed in our own waters with advantage, and in order ti) make 
our people acquainted with them, we will give a brief description of the more important sub- 
stances which have been tlius employed. Some of them are adapted for certain localities while 
others can be used to best advantage under other conditions. Our people have long been noted 
for their ingeiuiity. and there is no doubt, that as the great importance of oyster farming comes 
to be ai)preciated among us, we shall have many great improvements in the metliods of pro- 
curing seed oysters, lietter adapted for our own needs than any which are here described, but 
our account will serve to sliow our i)eople the general direction iu which their inventive skill 
must be directed. 

0//ster -s'//("//.v. — At present, no spat (^Hector seems to lie bettei- adapted for use in our waters 
iiiiou hard bottcuns, than oyster shells, and they are now thechea]iest collectors that can be used. 

In order to serve for this purpose the shells must be jierfectly clean, and as the old dead 
shells, which have lain for a long time upon tlie oyster-beds, are torn to ])ieces by tlii' boring 
si)onge and covered witli mud and slime, hydrioids, sea-weed and sponges, they are much 
less effective than those wliich are placed in the water just before the spawning season. 

In regions where there is no danger from frost, or where the young growth is to be planted 
ill deeper water before winter, the shells may be deposited at or even above low-water 



Ill 

mark, and ill tlic sounds t)f ,\<irtli ( Mroliiiji oysters thrive even at tiirh-tide niari<. The shells 
should be deposited ill the early siuiiiiier — in .luni-. July and Autfiist — in localities where then^ 
is enough current to sweep the swimming- young past them. A hard hottom is to be preferred, 
but this method uiay be employed with great advantage ni>ou any soft bottoms which are near 
tlie surface. In this case the shells should not be uidformly distributed, but jilaced in ])iles or 
ridges. If these ridges are pi-ojierly ari-anged with reference to the dii'ectioii of the current they 
will produce secondary currents and will thus cause the soft mud to flow off between tiieni. In 
tills way any bottom which is bare or nearly bare at low tide, and which is e.\i)osed to the wind^- 
and waves, may in time be swe]it nearly clear of mud. Kacli time the tide comes in the mud is 
stirred up and suspended in the water, and as the tide ebiis this suspended m;itter is swejjt into 
the channels between the obstructions and is carried away. .Shells a^'e very effect ive as s])at col- 
lectors, and we give in Plates 1, II, III and I \' several lignre> of shells which have thus liecome 
covered with young oysters. Shell wharves built out into deeji water, so as tocat<-hniid turn the 
passing current, are often found to be covered with young oysters at all stages eif growth ami in 
good condition for ]ilanting. 

In shallow waters, when the shells are uncovered at low i jde, they may be e.vamiiieil to |iick 
out for distribution upon the planting grounds, those which have young oysters upon them, but 
in deeper waters the shells must l)e picked up with tongs or dredges, or they may be sti'ung upon 
wires and sunk in det']i water on suitable frames. 

The chief objection to the use of shells is that th(> method is a wasteful one. It is not unusual 
for fifty or a hundred young oysters to fasten ui)on one shell, and as the shells are too stroiiij- to 
be broken without injuring the young oysters, these cannot be detached, and most of tliein an^ 
soon crowded out and killed by the growth of the others. 

Theu.se of tiles has, therefore, been introduced iu I'rauce to avoid this loss. 

Tile collectors. — .Vs tiles can be employed without difficulty iu dee]) water, they are wel/ 
adapted for use in our bay. Those which are used in France are much like a common drain 
pil)e sawed in two longitudinally. They cannot be obtained in our markets at present, although 
they could be made very cheaply if tiiere were any demand for them. Kach tile is about I^ 
inches or '1 feet long, U or .s inches wide, <'oncave oji one side and coiive.\ on the other. The 
shape of the tile is important, as nearly all the oysters fasten themselves upon the concave sur- 
face. They adhere so firmly that it isdifficrlt to detach them without injury, and to avoid this 
the French oyster breeders coat the tiles with a thin whitewash, which can lie scaled off" with 
the yomig oysters -when these are large enough to be distributed upon the planting grounds. 

The following is an acco"nt of the method of coating tlie tiles as employed in France: 

"What is most remarkable concerning liming is the fact that Ifotli (piicklime and hydraulir 
cement are decomposed l)y sea-water. Hydrauli(-" cement harih'iis in fresh water; I)ut salt 
water, altht)Ugh it permits of a first hardening, in the course of time lu-oduces complete 
decoui posit ion."' 

"This change is favorable to the removal of the young oyster, and to tlie assimilation of 
lime by the young." 

"By combining these two substances, hydraulic cement and (piicklinu', the oyster-ciilturists 
of Morljihan,in all <'ases, attain the desired results, so far as this particular point is concenied."' 

"If some of our culturists still seem to ignore the existen<-e of a principle in the use of 
lime, as necessary for the attachment of young oysters, there are others who, without stronglv 
insisting upon it, still affirui this truth. WiMiuiy cite a few instances : ' Quicklime,' says ]\I. 
Alponse Martin, 'always retains a little moistm-e, thus jilacing at the disjiosal of the oyster all 
the nuiterials which it needs."" 

•••.\ coating of lime,' says M. (Iressy, -not only permits of tlie easy removal of the oyster, 
but also const itutes a substance enii iieiit 1\' fa\'oiable for collecting the young. This fact is so 



1]2 

ivoU known tliiit no one to-dny wonlil jilacp a collcftor in tln> srn witliont liiivintj;- first dippod it 
in linip.' " 

• l'"inn]l\-. Or. Ilmi-i Lcronx wi-iti's a ?< follows : -Wo will not now insist npon tlic necessity 
of cos tin.L;- thi' til<>s in ordci' to obtain a s^'ood sn]i]ily of oysters, as oxperionco has snfticiontly 
l)rov("d this fai-t. 'The tiles <'ov(M-cd Avitli lime will u'ivo tlirco times as many oysters as tln)se 
witlmiit it." " 

•' This i>rinriplc lieinu admitted, tlie liming is done in two very ditferent ways at Morl)i]iaii 
nrcordin.y to wlu'ther it is intiMided to entirely free the oysters from the tile, or to allow a ixirtion 
of tli(> tile to remain attaelied to eaeli slip]]." 

" M'hen we conn' to s])eal\ of the removal of tlie oysters from the collectoi-s, we will make 
some remarks concerning the matter of leaving a portion of tin- tile attached to the yonng. For 
the ])resent \vr will mendy state that nnder that system the tile is cut, leaving a portion 
adlieriiig 1o eacli oyster, forming a sort of heel." 

"Some of onr cnltnrists, siudi as jM. (iressy and M. Henri lAn-onx, who breed oysters in thi.s 
manner, cover their tiles witli a sliglit coating of hydraulic cement. The yonng oyster attaches 
itself to the cement, lint the coating Ix'ing vei-y tliin is soon Morn away, leaving the oyster 
(|nite tirinly fixed to tlie tile." 

" Others, on the contrary, who, six months aft<>r the collector.« liave lieen set, prefer to 
se])arate the oysters entirely from the tile with the blade of a knife, generally cover tlie tile with 
two layers, and jiroceed in a ditferi'nt manner. Me cainiot do better than to give their metliod 
of ])rocednre in tlieirown language;" 

"AT. Eugene Leronx says: • I jnocnred some (juicklime. which A\as slacked just as it was to 
Ije nsed. and was ]int. wliile still in a state of ebullition, into a larger vat, Avliere two-thirds the 
same (piautity of sjind Jiad been ]ilaced. My men stirred the mixture until it liad attained the 
consistency of (dear bi-oth. The collectors liad been made ready, and, held l)y the lower end, 
were dijiiied into the \'at. ( )ne immei'sion snfTic(>d, after wliiidi the women took them in hand- 
barrows and <',\ posed them to the air to dry before setting (hem n]i. This exctdlent coating 
sliould be iirepared with fresh water only; sea-water jn'events its adhei'ing for any length of 
time to the tiles, and if it coim^s off the labor is of course lost.'" 

"M. Liazard states : -it «as necessary to find a sulistance whi(di, placed bet ween the outer 
coating of tlu^ tile would decompose after remaining long in tlie wat(U\ and tlius leave tln^ 
coating almost free. 1 tried ditfei-ent ])astes, all of which ga\e good results, l)nt it was )ieces- 
sary to select tin' most econmnicjil. I w;is satisfied with a mixtni'e mad(Mif tloni' and a small 
tpianlity of the scrapings of potatoes, boiled in a sufticient ipiantity of water to piodui'e a thiTi 
]iasti'. The tiles wei'e diii]ied in this, and aftei' they were dry they were passt>d through a l)ath 
of hydraulic i-enu'nt. I ha\f always succeeded Avith this mixtni'e; it istpiickly made and (^osts 
but little, l-'.very time 1 haxc neglected to use it T have regretted it.'" 

•y\. Aliihonse ^blrtin sa\s: '1 first plunge each til(> into a milk of <juii'klinH\ and when 
t his coating is (|nite dr>- I again diji the tile into a, bath of hydi-aulic cement.' " 

" M. de Mdlliock genei-ally uses two layers of hydraulic cement." 

" It seems to us rational that, when not iiitending to leave the oyster attached to thi' tile, 
wc should resort to Iavo layers, the first of qui(dvlime. which will not adher(> v(M'y fii-mly, and 
the seccnid of hydraulic cement. The first facilitates tln^ removal of the oyster and the second 
the adherence of the young." 

Tiles may be used as sjiat collectors in either deo}) oi' shallow \\-ater. 

( )n tlie I'l-ench coast t hey are chiefly eni]iloyed above low tide mark, oi-in very shallow water. 
;ind they are then s))read out on a considerable area. 

In some cases lines of stakes are driven into the ground, about a foot a]iart, transverse string 
l)ie<'es are fastened to them about a foot above the bottom, and a row of tiles is laid upon the 



EXPLANATION OF I'F.ATK Vil. 

Various inctlidds wliich are employed in France for arranging tin' tile< wliicli are used for 

collectiTig oyster spat. (From ( oste's Report.) 

F'ifiUEE 1. — Tent collector. 

FifiURK 2. — Single roof collector. 

FiouRK 3. — Double roof collector. 

FiGUUE 4. — Tiles arranged in oblique, overlapping rows. 

(Wf ;\rc hidi'lili-il lo I'nil. 8. F, Paird. 8uperiulfii(li-iit I". S. Ki>li < oiiimis.^ioii, \\<r Ibe ll^l■ cif tlu' li-iiii-s in this platf). 



HKI'OF.r MA KYI. AND OYSTER COMMISSION. 



I'LATK VI!. 




FKSURE 1. 





FIGURE 2. 



FUiURE 4. 




KKil liK 



EXPLA NATION OF I'LATKS VIII. IX A ND X. 

Tiles wliifli were fleposited in tlie Little Aimaiiiessex River by Lieut. FraiK'is Wiiislow, TL S. N., 

oil July !»tli, IsTit, for the attachinent of spat. 

I'IjATE N'III. — Upiier and lower surfaces of a tile wliieli was removed twenty-four days 
after it was ]daced in the watei-. 

I'L-ATK IX. — Upper and lower surfaces of a tile which was removed after it had been in 
the water for forty-five days. 

PJ>.\'rH X. — I'pper and lower surfaces of a tile whicli was removed after it had been in the 
water for about three months. 



REPORT MARYLAND OYSTER COMMISSION. PLATE Vm. 



V'5> 



iiij; 

I'l.K-fil m posilioii ,IuI\' 'I 'I- !;i-ini»\'iMl Au(.misI Li'"' 
S.-ali- -■ .i N;it 1] i-.il Si/.iv 






I |,|.>r S,,l, 



t>^iM--^s^^ 



l,i»\v<-r SkU* 



/ 






e' 



'.<V 



■;) 



F"rom Winslow's Report on the Oyster Beds of Tangier and Poconioke Sounds. 



flh'x ,1 (",. / uhomii^n.r Holt, 



REPORT MARYLAND OYSTER COMMISSION. 



PLATE IX. 



iii.i: 

PI. lied lu pc.silioii .I\il\ 'I 'I, l;,.ju,i\-.-(l Auoiisl L'.l" 
S.alf ■-• ,1 X;itur.il Size. 



/ 

f, 



■i .,t! 






Jir'"^" 









^^,.' 



I'PIMT Slllc 



I -. ■.'. '^ ■ ..'. ;,{ - iff/ "V 



'>'''''^\.<^^-"^^' -J 







«*T' 






I,(t\\'ci- Side 



From VVinslow's Report on the Oyster Beds of Tangier and Foconioke Sounds. 



.iJf..rr,Ar„;.„f„^„..,,rn»rf„. 



REPORT MARYLAND OYSTER COMMISSION. 



PLATE X. 






1 n.i-; 

1'1,11'cd 111 ))<)sil ion ,Iiil\ 'I'l' n.-iiii)\-.Ml Oil.ibiT III' 
Sc-.ili- -' ; X .if ui-.il Si/.i- 






^ 










Riili 









^ ■■'■ -■■ ■ ' _s ■'■ 



( 






t"]»I»e^l- Si(l< 









"'^'aii 



.''^Wfcl^j^- -. !^*^^*i^?J 



<!^e:,: 




i^ifesK 



->*», 



■•■r 



«^- J* 






















.,/H^ ^•**-- .^.^i^c- ■ ;| . i ro'^y-*- ' - ■ '^•,..- 



L.'^''*' 



.♦<\-]^ 



^//"i^..^*-;.^^ 



;v"-^-^; 






I..HM1 Sl.ll- 



From Winslow's Report on the Oyster Beds of Tangier and Poeomoke SoundS: 



.tl/.i'n -t lpl,lht^^li^-r /l-.l^j".,. 



11. -5 

liittfi-, cDiicrtve surl'acf down, audtlicr vow iif tiles is placed at fiii'lit aiiyle- iiikui the first layt>r 
and the whole is M'eighted Avith ston(>s. 

Anotlier inet]u)d is to place them in rows like card houses. 

The various methods of i)lacin,ii- the tiles in shallow water ai'c shown in Plates \' and \'ll. 
They should be placed in jiosition wliile the oysters are sjunvniny, as they soon oeconie slimy 
and covered with dirt. .\s soon as the oysters are lart;-e enough to handle they should be i-emoved 
and distributed over the planting- ufound, as tiiey ai-e often so crowded toii-ethei' on the tih's that 
they luive no room to lirow. 

W'luMi used in dee]i water the tiles may be fast(Mied to a frame, which may be sunk upon or 
neai' a natural tied. 

Lieut. Winslow is, so far as we are infoi'ined, the only pei'son who has used tiles as spat 
collectors in our watei's, but his e.vperimeuts with them in Tanniei- Sound, in ls7!t, show Hint 
they can be employed in our waters with jierfect success. 

He used a collector whiidi was made liy lasliiiiii' eiylit or sixteen tiles to a wooden fi'a me. 
The frame rested upon the bottom, while the tiles themselves were raised about si.x inches. 

The collector M'as sunk upon a natural bed by a rope, to the free eiul of which a tloatinn' buoy, 
was attached to mark its jiosition. 

An apparatus of this sort was suid< by him in lii.tj- Anuemesse.x IJiver, in .luly !), and on 
August ■_', 34.S young oysters Avere fouud iiiion one tile. On October 10, nmst of these had i^i'own 
to a size of three-quarters of an inch. 

We believe that any one will be convinced by the e.\aminatiou of his photon-raphs of these 
tiles witli the oysters upon them, whii-h are here reproduced in l^lates VJII, IX and .\, that it is 
cpiite possible to increase our supply of oysters almost without limit by the use of similar uu-ans, 
and as we believe that these e.xperiments should be more widely known auiont;- our people, ami 
that they should be fully infornu'd upon the sid)ject, we (piote Lieut. Winslow's account of hi.-- 
e.xperiments, from his Report to tlie Superintendent of the United States Coast Survey. 

ixFoitM.vrioN oi!iAi.\i;i> KiioM " sr.\r coi.i.iu roits." 

"In order to ascertain when the tirst attachment of yonui;- took place on earli bed, the com- 
parative e.xtent of such attachment, tluMuHuence of Ijottom ami depth of water iijion the attach- 
ment, and, finally, the increase in size of tlie oyster and the number siirviviny each period of 
their existence; 1 placed early in .luly twenty-four s[iat collectors on the beds in the Sounds ; but 
1 regret to say that tlie collectors were removed by s(une ill-disposed jtersons almost as soon as 
jilaced." 

"The kist liurdle.as the bundle of tiles were called, was in position on -luly 14, and on .luly 
l.'j only fourremaiiu'd in position, and after the 1st of .\ugust there was but one left (No. 7, in 
t he I>ig Annemessex Kiver)." 

"The hurdles were c<imposed of eigiit or sixteen half-round tiles, lashed on a wooden frame 
and so arranged that the frame rested on the Ijottom, the tiles being thus raised about six inches 
above the bottom. The tiles were ordinary earthenware ones, nnglazed, and were always placed 
so as to have their concave side uiuhM-neath. As long as the hurdles remained in position they 
were frequently examined in order to a.scertain the advent of the young brood, and from those 
examinations 1 am of the opinion that the fii'st attachment of oysters took place about July 17, 
as i>n that day we discovered, with the aid of the microscoiie, oysters oir Hurdle Xo. 12, on Chain 
Shoal, and on the littli, in the sanu' way, found them on Xo. 7, in the Big .Vnnemessex. On July 
24 they were observable on the hurdles on the (ireat Rock, both in shoal and deep water. 
Though the attachment prol)ably Ijegan about tlu' middle of .luly, yet it was only evident on tlu' 



114 

tiles, as oiirdivd'^'in^' operations did not disroverauy attachiueiit before the 12tliof Aui,'ust, wIumi 
t?ie youni:- bmod were found in moderate ninnbers on all tlie beds iiiboth the Sounds." 

'■The nniiiber found in l'o<-onioke Sound was luucli snuiller tliau in Tauu-ier, and the number 
oil the I^pjier Poconu)ke b(>ds and on the Muddy Marsh bed was smaller tlian on the lower ones. 
The attaehment aiipears to Ik^ proportional to the numl)er of oysters, sueh beds as th(> Muddy 
Marsh, for instauce, havint;- very few youuK : but as tlu' bed is badly broken up, this maybe 
owiny to the absence of proper eultcli. Tlie youni;- ap]iear to select the cleaiu'st and smoothest 
shells for attachment, audwea.l\vays found that the ■■ ])o\es," or those shells which had uot beou 
separated completely, contained the largest number of yount;- brood. We also found that the 
size of the younn' depended, to a .^reat extent, upon the depth of water. Tho.se fir.st detected by 
ii-s were from two millimetres to oiu' centimetre in lenutli, and as the shoal-water oysters spawn 
first, and as we found the ycuiuy of the largest size in shoal water, I infer that tlie attachment 
of the oyster occurs very uear the location of the parent." 

"The hurdle in the I'.ig Aunemesse.x was subjected to four examinations. Tt was placed in 
position on .Inly !•, and on .July \'.K when the first examination was made, thei'e were a few oysters 
on the tiles, l)ut so small that a microscoiie was necessary in order to reco^niize them." 

"The second examination was on August 2, and the oysters were then quite perceptible and 
easily counted. The total miml)er of oysters on the tiles was then l,50(i ; deducting those on tile 
No. 7, which tib^ was removed, there were 1,777. The mnnber on a tile varied greatly, tlie 
maximum being :'>1S, and tlie minimum 2(1." 

"Tlie third examination was on the ii;id of August. The oysters had increased very much in 
size and in numbers. The total uuud)er (ui the tib's \va> now 1,;'):)4, i^howiug an increa.se of 0.1."> 
per cent, of the nund)er at the second examination. Tlie numl)er on the lower side of the tiles 
was mncli larger than on the upper. .\ tile (Xo. 2) was removed, ami deducting the number of 
oysters on it from th(> sum, there were l,-2()2 still on the hurdle. A few oysters were injured, 
]irol)al)ly l)y raising (U- lowering the hurdle fnun and to the bottom." 

"The fourth examination was on the loth of October. Tlu- total numlier of oysters was then 
o:i<), show! nt;- a decrease of 5") jier cent. .Vt this examination al)ont two thirds of the oysters 
were of the third class, or over three-(piarters of an inch in length, and two of them were over 
two inches long, being thus of the second class. \U. howin'er, could be distinguished as of 
very recent growth, being very long and thin, with thin, delicate shells, easily broken with the 
thuml)-uail or ixiint of a penknife. The largest numbers were still found (ui the lower sides of 
the tiles. A moderate number of oysters had been injured by rough handling.". 

'■ 1 infer fnun the four insjiei'tious made of this hui'dle, and fnun tlie one or two nuide of 
others before they were removed, that the first attachment of young began, as 1 liave said, about 
the middle of .Inly, ami continued until about the 20tli of August, as on the 2-".d of that month 
th(u-e was no indication of any recent attachment. Probably it reaches its maximum number 
about the end of .Inly, and decreases afterwards, 'i'lie mortality after the 2:]d of August was very 
great, fully "lO per cent, perishing from some unknown, cause, which, though uidvuown, is cer- 
tainly natural. We did not notice any evidence of the destructives effects of drills or other an- 
imals, though their agency would only be discovered by the evidence of the holes in tlie upper 
valves, but as those valves were never present, it t^annot be said Avith certainty tliat the destruc- 
tion was not due to them. Whatever the cause, the fact is that 50 per cent. ])erished in the first 
six weeks of their existence." 

" The tiles have shown that the increase in size is much greater than was supposed, and are 
the first and only authentic evidence upon that point which has been produced with regard to 
the .Vmerican oyster. Again, it is conclusively shown by these tiles and some others that were 
dredged up fnun the Woman's Marsh ))eds (Hurdle No. 24), that the greatest attachment is on 



1 1 ."> 

the ](i\\(>r i-oiicavr side, jiiiil coiiseqiioiit ly tluit wliati'viT may he the iikivi'Hi.miIs of tin- einI)ryo 
nystoi- Ijcforc at tacliiiKMit, during flio iicriod just i>i-ini- t<> it tJicy are iioar, if imt un tlic bnttoin, 
and ill seeking- tluMr place of attaeliment tli(>y must I'ise. In tliis tliey are similai- in (he Kiim- 
l>eaii variety. Tlie select ion of tlie lower sides of (lie tiles and the interior of tlie • l:o\es ' may 
lie ;iii effort of nature to provide soiii(> proteetitMi for tlie yoniiK lirood, by. to a certain extent, 
indiieinu- tln-m to se(d< dari< and seidiided points for attaeliment. or tlie larue number found in 
sindi jilares may be dne to the inability of the various enemies of tln^ spat to L;-el at them when 
thus protected." 

"It is a matter of very yi't'iil rei^-ret that we have not a lari^-e niiinl)er of sp(>cim(>ns and 
ol)servati<ins bir comparison, as all the future in vesti^-ations in this li(dd would be ,>i-ri>atly 
assisted by an accurate knowled.ti'e of the rate of decrease in nnmber and incriMse in size of the 
oysters, and it is to be liojied that tlie hurdle in tlie IJfu- .Vnnemesse.v will l)e allowed bi remain 
in position lonu' enouuii to p(>rmit the meaii-er. yet valuable, information it can produce to be 
made piil)lic." 

.--I'Al' I 'oi.l.ix 11 ii;s i''oi; \iriiii\ coitoms. 

Faxri//f ('(i/h'r/ur~'ni\^ consists of a bundle or fai;ot of small l)ranches of chestnut, oak. 
(dm, bindi. or any other suitable wood, about ten or tw(dve feet lontj, bound totiether in the 
middle l)y a tarred, y'al vaiiized iron wire, whi(di is fastened to a stone, by which the bundle is 
aiiclnu'ed about a foot above the bottcun. These fascines are l>laced uixni or near the beds of 
oysters at tht^ siiawniny- season, and distributed in ])lai-es where the set of (he tides and currents 
will carry the swi mmiim- oyster larve to them. The youny oysters settle 11)1011 (he branches in 
<4reat numbers, and attaidiin>;- themselves ^'row J'apidly, and it is iio( nnnsnal bir one such fati'ot 
(o yield several thousand. The Iinndles are left undistiirl)ed bir live or si.\ months, and at the 
end of this time Ihey are laruc enmiyli to be detached from (he branches, when tliey are n^ady 
for distribution upon the ]ilantin,u' i;rouiids. In I'late XI, lit^iire "J, one of 1 lu^se Ijundles is 
shown, in iilace niion the oyster bed. and nnc of t he brancdies, with tin' yoiinu- oysters upon it, 
is shown on a larLii'r scale in lii.;ure I. 

This method of collecting: seed oysters has inner, so far a> 1 am aware, lieeii empluyed in 
this connti'y. althon^-h the experience of all who are familiar with our oyster Avaters must have 
shown how re;i,dily the youiii;- i.;rowth became attacdied to floatiut;- or sniikim bushes. ()iir 
waters abound in places which are wtdl-fitti'd for the employment nf (his method of ya ( heriiii,'- 
the seed which is to be used in iilantiiiii', and the fascine collectors miuht be nsinl in the numths 
<if creeks oi- inlets, or alonu' the edyes of the channels, ov anywhere where the s(»t of the current 
will sw(>ep the swimmint,'' oysters past the collector. W'liile it would l)e advantageous to phice 
the collectors near natural lieds or rocks, this is by no means essential. fi>r the yonnt;- of the 
American oyster survive for a loii.i;- time in the water, and they are carried to yreat distances by 
the current, and there is no part of (uii- oyster area beyond tlie reaeli of this floating spat. 

The method may l)e employed on either hard or soft bottom, as tlie collectors float above 
the snrfaee of tlie iironnd, l)ut it is especially adapted bn- liottoms too soft for planting, and 
such bottoms may in this way be made valuable as seed farms. The collectors may be jdaced 
in either deep or sliallow water, wherever there is a current. 

With the exception of WTiishnv's experiments witli tiles, very little use has been ma(h' in 
America of auytliing, except oyster-shells, for collecting spat ; but at one point in Coiinecti<'nt a, 
]>lan, which is essentially like the one last descrilied, has been used with good i-esults for caji- 
turing spilt, and for rearing marketaiile oysters as well iijion bottoms of soft mud. 

These experiments are tliiis de.scribed in the rejiorts of the Coiinecticnt .*^liell I'Msh Com- 
mission for bSH-J and 188:! : 



n<i 

'• The sdlt, iiiiuldy ti'acts, ;ils«i, wiiich aK.yi'Pg'iite a lar.ye iiniiilicr of acres iiom- neglectetl, it is 
believed, will, at no far <listaut day, become valuable for cultivation." 

" 'rii(> ett'(jrts made to .i;"row oystei-s on muddy bottoms in the Potjuouock River, near 
<iroton, to whicli reference was made in the last year's report, have been uniformly successful, 
as numy as a thousand T)ushels of superior oysters liaving been obtained from one acre. No 
particular skill is reijuired in carrying- on similar e.xperiments, and it is probable that the 
method will be gvuerally followed througdiout the State, where similar bottoms are found." 

"Artificial methods foi- catchini;' spawn have received little attention from Connecticut oyster 
growers, except in tlie case at (iroton hereinafter mentioned. Tliey are followed in a variety of 
ways in Europe* : clean I)ushes and fagots are anchored or liung on chains in the vicinity of 
si'awning beds, where t]u> prevailing currents will carry tlu^ floating spawn to them. In this 
way immense quantities are caught ami Teft to grow until ready for planting. Clean earthen 
tiles nuide for the purpose are also idaced on and near the spawning grounds to catch the spat, 
and they serve better than anytliing else for this purpose. Another method is that of raising' 
a. mound of rocks and gravel, about the time of spawning, and covering its surface with ripe 
1)rood oysters ; aroiuid the mound are driven stout stakes or piles, close together, so that the 
floating spat cannot easily escape; being thus intercepted, spat adliei-es to the stakes and is there 
left until ready for iilanting." 

"On the I'oqnonock River, near ( iroton, white birch buslies are stuck in the river mud,aljout 
spawning time, in fourteen oi- fifteen feet of water, at low tide. To these th(» spat adheres 
in great quantities. They are left undisturbed eighteen months, by which time the set becomes 
good-sized seed. ( )n one bush, which Avas four inches through at the butt, twenty-five bushels 
of oysters were found, seven of which were large enough for market. 'I'he average yield is 
about five l)ushels to t]u> l)ush. The groumls are so soft and muddy that no otiier metliod is 
feasible. About fifty acres are under this kind of (Miltivation, and the area is rapidly 
extending. The bushes are grapjiled out of the mud by derricks. The oysters are of excel- 
lent llav(U- and tlu* business is profitable." 

Besides these simple Ijut very ett'ective devices for collecting spat, the French have invented 
a number of very compli(-ated mechanical devices for use under peculiar circumstances. 

The price of oysters in our State is not high euougli to justify the practical use of any 
expensive machinery, but we give an account of two of these devices, as an acquaintance with 
them mav enable our i>eople to invent l)etti'r or more jiracticable ajijiliances for accomplishing 
the same purpose. 

Two of them, tlu- I'latfonu VoUfvlnr and the Bax VolJfctt,i\ are thus descrilied by Fraiche 
in his work on "Oyster Culture." 

" I'LATI'-OKM ((ll.I.Kcrol!." 

"This collecting apparatus is susceptible of all numner of nu)difii'ations as to form and size 
to adapt it to the cluiracter of the ground upon which the bed is located. Not only is it easily 
niade, arranged and handled, since one person can perform all the labor necessary, but it also 
does no injury whatevei- to the oysteis which it covers. It is generally placed in position one 
t>r two weeks before the spawning i)eriod, and during its stay over the bed it preserves the oys- 
ters from all deposits of mud. When it is charged with a young growth it can be taken down 
in a shoi't time and transported to any required distance, leaving the bank which it had covered 
not only in its primitive condition, so far as the original stock is concerned, but moreover 
em-iched by a large number of germs, which, had it not been for the presence of the collector 
o\'er the bed, would have been carried away, at least in great part, by the tidal currents, and 



EXPLANATION OF FLATi: XI. 

FrouRE 1. — A biiiullc of bi-anclies anchored over the spawning oysters, to furnish attachment 
for tlie spat. 

Figure 2. — A fraji'iuent of one of tliese brandies, natural size, covered with young oysters. 

(Wf are iiKlolitcd to I'rof. S. F. Baird lor the use of euts of these figures, wliich are eopled from t'oste's Reijort.) 



MAHYI-AMi OYKIKK < OMiMISSK >N. 



PLATE XI. 




KKil KK -'. 




FKUHK 1 



ir 



thus lost . 'I'lir jil;i t I'd rill cid Irctur cuiisists ( Plate \ I I , liuiiri^ I i of i-nws nf pusts ari'miycd in| m i rs 
(Al. cacli iiaii' hcinu' fastened tou-ct iu-i', witli an i iit'i'i'v<Miiiiu' sparr nl' 1:^ to 1') ct'iit iiiictiM's |4 tn 5 
iiiclics), and plaiitcd in the u'imiiihI ii\i'r I lie en I in' a i-c:i of t lit' brd at a dist'iin'i' apart nf about '2 
iiu't<'rs, witli i^nidi ]iair oi'cnpyinu- oni' ol' tlii' anii'li's of a -^ipiarr, so tliat tlic surface rovei'cil is 
divided up into 1iloi-|<s, niindi like t lie siirlaei' of a e|ii-.>-l)()a rd. l-"aeli set of jiosts is piei-crd 
tliron.ndi by two sets of liolrs, t lie lii-si at ouedialf meter and tlie sim-oihI al .7"> to ,,S() of a meter 
fi'oiii tlie bottom ; bai's cd' wooil oi- iron a re passed tliroiiu'li these holes, thus mak'im;' eaeh pair 
a sort td' ladder \\-i til two rounds, i'pon lln^ lower roiiiid>, from po^t tn jiost.are laid bed- 
l)ie('es or striiiu'ers ( I'.i. \\lii(di slnndd be ipiite st roiii;'. and whiidi, to<;-et]iei- eon-t i t iite a f ra nie-\\oi-k 
of ronti.t^Munis s([uai-es, npnn wdiicli a i>latform of rou'^-h planks ij)) is built and maintaim'd in 
position by a seeoud series of sf riiiii'ei's i ( ' i, held down liy the u|iper round i.l)of the ]iosls: 
the pi'essnre upon the planks is reuailaled, w hen ueecs^ary, by means id' beveled wooden blocks 
{(I Q')." 

■'It will be r(\idily seen llial, by the aid of these slrinu'ers and rounds, imthim;' I'aii be 
easier thiiu the mount im;- a ml d ismount i nu' of the jda id<s. ei 1 her to chnnu'e or tuiai thi'm, or 
transport them (dsewhere. \\dieiie\ ci' desired, the si riu'rei'- a ml |)o<i-.c-au be so arranged as to 
leave free spaces (l-'j as passau'es, bi I'aidlilate the wcu'kinu- id' the plalform. The planks siiould 
be id' pine (U' (ir. and from L'.l n to '_'. 1 "i meters i li to 7 feet i in leni;l h. !)y .'Jo to .l'") of a mepu- in 
breadth (S to in iu(diesi, and .(M of m nieter (about \ }_. in(diesi in 1 hi(d\uess." 

'■ In (M-der to fatdlitate the adherence of the spawn, planks with a roimli --urface a I'c ii~ed. 
and the rougher the surface, as by u'oue-ini;' it out so as to increase its irreL^iilarities, the mm-e 
easily can thi' youui;' oyster adhei'e to it. The sides (d' the jdank's can al^o i»e covered with a 
layei- of iiit(di and tar. in whiidi, while it is yei soft, \alves of oyster.-, mussels, or any oilier 
slndls, \\ hiidi (vccur abiinda nl ly a Ioul;- theshoi'e. or l)its (d' coi'akoi' small stones of about the 
si/.e of a. nnt, can lie placed, so as to lorm a. soi-| ol' a rl i lici;i I rock formal ion, fa\ lU'in^' very much, 
by the roughened sui'face and the mull iplica I ion of poinlsof allachment, the dt»positi(Mi and 
devolopHient of the young animals. This is muidi prid'erii ble in Ihi' other method, sima^ ir pre- 
serves the [lianks fi'om t he aid ion of (he watei- a.nd I he destructi\ e borings of certain woians and 
mollusks. In order to alfoi'd a still greater numb(M' ol' points of aftacliment for the young 
germs, tlie lowei' face of the ]ilanks is covered AVitli fascines (d' (diestnut, oak, or other wood. 
wliicli are Indd close to the i>hinks l)y means of coi'ds, passing through hides in the planks and 
fastened u]u)n the njipei' side ( st>e h'ig. 1). I jion sandy o\- muddy bottoms the [losts wliich sup- 
jiort the stringers can be set Avithoiil dilliculty : but w luMi the bottom is rocky or toi.i hard they 
caiuiot be emidoyed. They should then be replaced by bloidvs of stoiu', <I i l''ig. 4), al)oiit .To of 
a nieter in htdght by .'2'> <d' a iiietei' in bi-eadlh and thiidcness, [jierced through by a liole of suf- 
i\(dent size to reiaMve the ends of ihe strini;-ers. wliich are fastened t here b\' means id' a sma 1 1 
bh)(d\(n). driven in njion the upper side. These blocks can then be simply ]daced uiion (he 
laittom or fastened there with iron (damps; or the woo(hui staives can la' employed by fi.NiiiL; 
their lower ends into ldo(d\s of stone wdiiidi wdien in place sliould lie large euougli to give 
steadiness to the collectoi- and maintain it in its i-ight position. This form of colle(dor, it is 
tnie, is costly to estaJdish, and moi'e so from tlie fact that on a,<'coind of llu' long time it must 
stay in the water it is necessary to select iirm, solid wood, of good ipiality, but iu it.s adjust- 
iiHMd there is no need of any particular nicety of workmanship oi- iinisli.and there is, moreover, 
this advantage that it lasts a. long lime and can be used for several harvest-'. Howevei-, in 
those waters where boring worms and mollusks occur, a single season will render tlie platfoi'ins 
unfit for further service. In this ca-^e galvanized iron siipportn can be used in place of the 
wooden frame-work and the planks may be replaced by sheets of nn'tal having the two faces 
covered, as already described, with a mixture of pitch and tar, in which valve? of shells, bit^ 



of cdi-a], or r^iuall .-tdiics liavc lioou iiiilx'ddt'd. 'I'liP iiictnllic slit'ot, which fm-ms thp body of 
the.sc pitch plaulvs. will .yivc sufficient solidity to the structure, :iud tlie supports cau be in the 
form of a frame-work. ca])al)le of liohiinuat h-ast three sheets, wliicli can ])e fasteiu^d in position 
by means of bolts; the entire structure may be arranged like a tal)le upon four or eiijht lejj:s, 
which cau be driven into llu- urouud, or fastened into blocks of stone, whicli will y'ive tlie 
desired stability to the whole, 'i'hese tables can be placed in rows accordim: to the configuni- 
tiou of the bed. lea\ iu.i: jiassaijes between each two rows to facilitate working- them. .Vfter the 
s]iat or g-erjus have been c(dlected ujion the plauk> of the ]ilattV)rm they can be easily trans. 
]>orted either by sea or land. If by sea the ])lanks are taken from the string-ers and suspended 
leng-thwise and vertically in a frame-work i)rovided \vith floats, or arrantred in tlie direction of 
(he current, like the series of sludves, aliout one-fourth of a meter apart, and thus kept eon_ 
staidly in the water : in this shape tliey can be then towed without trouble to any distance. When 
th(>y are transitorted by laud the ])lanks are either carried in tanks full of sea-water, or placed 
between layers of Avet sea-grass, and when so managed the young oyster can sustain, without 
serious damage, a Journey of one or two days. When their destiiuition is reatdied the young 
oysters are detached from the ]ilauks without trouble, as this ojieration denninds only a sliglit 
amount of skill ami attenti(m. and deposited in the places to be stocked ; or the jdanks may be 
])laced u])on supports similar to those whence they were taken, and the young oysters allowed 
to continue their develo])ment protected from the mud, and in su(di a iiositiou that by turning 
the plaidvs the conditions of light and aeration can be varied to suit the wants or requirements 
of the Li'rowiug brood. ' 

'• r.oX iii|.I.K( Ton." 

"This apparatus unites the double advautaue of presenting in a relatively small compass 
the greatest possible extent of surface for the attachment of gernis, and at the same time the 
most favorable conditions for the transportation and ultimate development of the young, in the 
movable and independent i)artswhich compose it. It consists, essentially, (Plate XTIf, fig. ] ) of a 
rectangular lio.x, 2 meters in length by I ineter in breadtli and height, and is without any bottom. 
]t is formed of planks (Ol placed from 'J to '■'> centimeters apart, or i>ierced with holes, for the 
entrance and circulation of watei' in the interior. These ])lauks are ijernumently nuiintained in 
place upon the front and back sides by two ideats |H \l}. e.xteiuliug Ixdow the edge of the Ijox, 
and are nailed to transverse ])iec<'s which pass ai-ross \]\o bottom I'rom side t(^ side, 'i'he ends 
are i)ierced by three sets of holes to accommodate the transverse bars (S), upon which in the 
interior are placed movalile frames, dividing the box into sni)erimposed compartments. The 
cover is foi'UH'd of thinner planks (D). placed side by side, and maintained in ]iositi(m by the 
bar (Ti. which slides into the two sockets (A), at the emls of the two stakes supjiorting the ends 
of (he box. h i> hardly necessary to add that the apparatus should l)e constructed of solid 
l)lanks of a durable wood, such as oak. and that the fastenings of the i>arts should be, so far as 
])Ossible, of the same kiml of wood, emi)loying neither iron nor nails ; lint if their use is abso- 
lutely necessary, then the preference should be given to iron or galvani/ed nails. "The frames 
for the inside are of wood, about four centimeters in thickness, and furnished with two handles 
to facilitate renuiving. The l)ottom is covered with brass wire netting (Plate A', figure 7), the 
meshes of which are about two centimeter.? upon a side, and in order to increase the strength of 
the franui and sustain the netting, diagonal wires cau be run across from corner to corner, or a 
central bar of wood fr<un side to side. These frames are made of such a size that when placed 
side by side two of them Mill form a continuous flooring or division acros,s the box, as shown 
in Plate XIIT, flgure 2, where the front portion of the box has been removed so as to show the 



1 1 n 

-■irraiiu-onK'iit of the interior. ]t is necessary, liowever, to i^ive siiffii-ieiil jilay tn tlie fraiiK^s. so 
lliat they can lie moved at any instant without troul)h' and without shakini;. W'c hei'<'with 
,i:'ive the conditiDns in wliicli tliis apjiara tiis is used and thi' method of opera t inn. '" 

•■ The bo.x coHector is e.speeially va]ual)h' wlicn tin- nyster cnlturist lias no natural lied near 
at liand whence to .y<^tlier ii-enns, aiul yet wishes to |irncnre a lar>ie numlxM' of youut;- ti> rapidly 
sto<dv a park or live-jmnd. I'or lir can a Iways, just hcfori' the spawnini;- season, havi' several 
hundred oysters brought from the bed nearest his basin, since oysters when they ha ve atta iued 
a cei'taiu size will sustain t i-ansjiorta t ion for several days willioul danuit;e, jirovidi'rl the ]irecau- 
tioh is taken to fui'uish them wi th water now and then. ( )ni-e i n possession of t hcse oystei's. in 
a i^ood location, where tJic water is calm without beiiii;' stauiiant, theliottom jiebblyand propei-ly 
]u-otected from mud, and the lieiit and dejith ,-uitable — <ir even in an artificial basin of from I 
to \\ metres in (h'i>tli, which C(unmunica tes with the sea at eaidi tide — the bo.x is )daced ujion 
the bottiun in such a manner that tile lower transvei-se jdeces rest ui'on stones and the (Mitin^ 
lower side is off the i;roinid. eiial)lin,y a fr(>e circiila t ion of water, four stakes, I' 1', lin'ure l,are 
then driven into the lironnd, one alont;- the middle of ea(di face of the l)o.\, so as (o prevent any 
swaying- oi' (dian,i,'-e of jiosition, by the action of thewa\cs and currents, and ma inta in the ap- 
]iaratus in the same ]iosition. The co\eristhen i-emoved, and si.xty mothei- oysters are (U>]>osited 
u]ion that iiorti<ni of the soil circnmscriljed l)y the 1)0.\, care being' taken, if the soil is soft oi- 
muddy, to co\ei- it jireviously with emjity shells, .so that the oyster, when jilaced thei-e. may not 
liec(une covered u]i but a 1 ways i-enuiiu i ii pure water. This don(\thetwo low(^i' stringers, S S, 
are placed in position, and u])on them two franu's (figure 7i ai'e arranged, which are treat<'d th<> 
same as the liottom ; that is, a la.ver of siudls is first ])laced u])on them, and then a certain 
number of mother oyste)'sal)o\c and ovei-Ihe shells. The second s(>t of >tringers is then plac(\l 
in position, the frames arrang(^d as bef<u'e, and the oysters distril)Uted over them, aiul, finally, 
thethii'd set of stringei-s and franu's ari' ari-anged and covei'ed with slndls (figure ■_'!, f mi t no 
oysters are placed up<in them. 'I'hecoNcr is then ]daced uimui the l)o.\ and fastened down l)y 
means of the top l)ar and the wedges. ( ', whi(di fasten tin,' emls of the liar in the sockets of th(> 
end ]iosts, and render the whole ajijiaratus solid and inunovable. The apjiaratns fjeing thus pr(>- 
pared, it is easy to conjecture the result. The oysters, under such e\c(dlent conditions of exis- 
tence and in su(di jmre and (|uiet water, soon spawn; the young gi'owth, finding itself im- 
|u-is(med. or iit^arly so. in the \arinns c(nu|iai't nu'uts of the bo.x, and coming upon suitable 
]ilaces of attachment u<'arat hand, remain in tlu^ l)ox and disjiose thems(d\-es nearly everywhere 
but friun ])i-ef(^rence u]>on the sludls covering the fi'auu>s, and ju-oceed in fheii' de\(doiimeut 
under the best possiide condi t ions and protected from all danger. In from five to six umnths 
the young oysters ha\'e attained such a size that tliey can be remoNcd without dangei'. The 
apiiaratus is then taken apai't ]iiece l^y piece, connnencing with the cover, and as ea.(di tray is 
I'emoved its contents are (h^i)osited ujiou the bottom of a park, live-]ioud, (dair(>. or such ]ilaco 
as one wishes to resto(dv or sujijdy. If it is desired to carry them to a distance the tra\s can bo 
lilaced in a floating l)o.x jiierced \vith holes, and if arranged in layers, like shehes. and with sea- 
weed packed l>etween them, so as to prevent the disturliance and shaking incident to movement 
in the watei'. they can l)e towed for long distances w ithout dangei' of injuring the shells of tln^ 
young oysters or detaching them fi'<im their sujijiorts. .\nd if the trays are packed in boxes 
with wet sea-weed between them they can be transporteil liy land V(M'y incidy. t'or one who lias 
limited means at his disi)Osal, and when labor and expense is an imi)ortaut consideration, tln^ 
liox collector ouglit by all means to be given the preference ; by tlie ingenoiis method of multi- 
plying surfaces, which is its distinctive feature, inmimeralde germs can be hatched out in a very 
restricted s])ace. A small case of a few square metres in area, a small artificial basin which can 
Ije filled at each tide, and a narrow passage-way between two rocks, is amply sufficient for the 



120 

{irodiictiiiii (if tlic tlioiisaiids of yci-'ms luM-essary fur the stockiut;' of a live-pond, or cvpii a lariicr 
iiiclosiiri' ; fill- tJic ]i()ssii(ility of placiiiii' two or more of tliesc hoxes close together witlioiil 
injury to the oystei-s or the ii'ernis wliieli they contain, permits a, response to all tlie deniaiids 
of t!ie breeder, however restricted or extended tliey may l)e. Moreover, tlu' apparatus lts(df, 
besides beinii' easy to manauT-. arrant;'e. and transpoi-t. will last foi- several years if snital)le wond 
is used in its const ruction, and i t the outside at least is pi'otected in sonu' such nuinner as are 
tlie bottoms of vessels, liy a sort of slieathinL';. As to the inside, as well as the cross-pieces and 
tlu' wooden ]iarts of tlu' trays, tliey can be coNei'cd witli thi> mixture of tai- and jiitch already 
mentioned, and in<-rnsted with sludlsand stones, which will not only pi-eser\'e them fi-om rapid 
decav, iMit also ri.'udei' them suitable ]ilaces of attachment for the viiunu' o\-sters," 



ON 'I'Hi: i;i: A uiNo ok ()V>: i:i;^ i rum Aini iui a i.i ^ 11:1; rii,izi:ii i.oos. 

If all ilie s]iat wliich attaches itself conhl be secured ami lu-i'served, there would be aii 
immediate and rajiid inci'ease in the snjiply, and th(> account which we liave just !4'iven shows 
tliat it is perfectly possible for our iieople to do this, as it has already been acciMn[)lished in 
France and in ( 'omu'ct icnt ; but even when all this is doiu' t l](^re will still be an enoianous waste 
of oysters. 

Kach oyster lays millions of eygs, which soon hatch into vei'y minute and delicate embryos, 
and the greatest moi-tality occurs at this tim(> in the lite of the a.nimahand thousands of the 
swimmiu.ii' embr,yos jierish l)y accidents of various kinds foi' each om^ whi(di attaches itself. 

We come now to one of the most interestint;' aspects of the oyster question, and we pro]ios(-i- 
to point out that it is perfectly possible to fei-tillze the oyster e,ii-i:s artillcially and to nurse tlu' 
youn.t;' tln'ouyh this very dangerous period of infancy by artificial means. W(; also ])ropose to 
sliow that Americans have born(> a prominent i>art in t his disco\-ery, as we ha\i' already sho\^■]l 
that thi'y have done in tlu^ developnu-nt (^f oyster farminu'. 

Previously to 1S71) nothing' was known reLi'ardimi' the bi-eediuL;' hal)its of the Americait 
oyster, and a.ll our kiiowled,i4'e was ))ased ujion the statenn-nts oi' a fe\A- naturalists, who liad 
studied the oysters of NortluMTi Kui'ojie. 

It was believed from thes(> statements that all oyslei's are hei-maphrodite ; that the e.^'i^'sart! 
fertilized inside the body of the parent, and that they jiass through their eaidy sta.y-es of devi'l- 
opment while sheltered and protected within t h(> shell of the mother, and that the rearinj^- of 
oysters by artificially fertilizing- the eggs, as is done with with lishes. is. therefore, impossible. 

In ISTii one of your ( 'ommissioners show(>d that thi< is not true of the .Vmerican oystm-; 
that the sexes aresei)arate ; that the eggs are fertilized outside the body ; that the young are in- 
dependent of parental protection, and that they can be reared artificially in enormous numliers. 

These discoveries, whicli in-ove tlie possil)ility of rearing oysters artificially, were ])iiblished 
in the report of the ?»Iaryland Fish (.'ommission for isso, and IngersoU, in his •■ Keiiort on the 
Oyster Industry of the Fnited States," gives a condensed ]io]iulai' summary of this pajier, which 
is here reproduced. 

" JicjU'dd udioii II 11(1 eiiihri/oluf/t/. — .\n account of the life-history of the oyster should begin 
with the Ix'ginning — the egg — out of which this mollusk, like everything else from mussel to 
man, is born. And in this matter of oyster-breeding, \ must rely upon and a.gain quote at length 
the researches of Dr. I'.rooks. since he is easily in advance of all students in his knowled.ye of 
this sub.ject. During the summer of bssi). at his seaside laborat(uy, Crisfield, ^^aryland. and 
yubseciuently Dr. JSrooks made microscopic studies on the embryology of the oyster, which were 
published, with figures, in tlie Report of the ^Maryland Fisheries Commission for bSSO, and in 



KXI'[..\NA rioN OF PLATES XII AND XIII. 

The cuts upon tlirsc two plates are from Coste's Report. 

PLATK XII — Fifirui; 1. — Artifii'ial oyster bed, surrounded by stakes for the attatdimeiit of 
the spat. 

Ki(;ri;K 2. — Stakes planted in a straiiiht liue and united by a rope, to wliicdi bunrhes of 
branches are suspended, to furnish an attaclunent for the youn>j: oysters. 

FuiniiE o. — Knife for removiu": the youn.;' oysters from the tile collei-tors. 

FiouRK 4. — Platform collector for muddy bottoms. 

PLAT?] XI II I. — Outside view and internal arrautrement of bnx collector, for collecting a 
great immber of oysters in a small s])ace. The l)ox is filled with trays, like those shown in 
Fig-ure 7 of Plate V, and these trays are filled with shells and spawuiui;- oysters. 

(Wi' urc iiulc'litoil tci l>roli--Mir S. V. Biiird fur the ur-e oftlu'se Iwii iilfttcs.) 



MARYLAM) OYSTER COMMISSIOX. 



PLATE XII. 






^•SS^SS'tf)':^^.^' 









■Si \ ■ 






ih^__ 



!3^:^o-^^;is-- 




KKil'RE I. 



m.i i;k ■-'. 





FlIiVUE 4. 



REPORT MAHYLANI* OYSrKii ( OMMISfSlON. 



I 'LATE Xllt 







-.■3&ii&^^i^y 




FIGURE 2. 



-3* 




KK.l RE 



rji 



tlic WciiHiii-Mif t lie. In] 1 1 IS Iliipkiiis I'll i vers! ty. 'I'liese i ii \ cstjpi I i( ins wen' (if the most i);uiist;ikiiiii- 
df-scriiitioii, and ii\ay br arroptfd as satisfactorily portray inu,- the true method of reproduction of 
t]ie Arnoricau oyster, (Jstrea rir(jiiiiii,iia, altlmim-li sliowiui;- it to be essentially dilterent from that 
of the oyster of Kiiro])e (Jsfrm fdnlis. Ir is my duty as widl as ]>leasure, conseciueutly. to set 
fortli witli asLi'reat accuracy ascoudeusati(ni and a poi)nlar treatnu'ut of thesubject will permit, 
t lie statements of Dr. ISrooks." 

••If several oysters are opened duriim- the hreedinii'-season. whicli vai-ies, as will herealter 
l)e -howii. a few will be found with the rejiroductive oruan ui'eatly distemled and of a uniforni 
ojiaciue wJiite color. 'Hiese are oysters w hicli are sjiawninu' or ready to sjiawn, that is, to 
discharge their eggs. Sometimes the ovaries will be so gorged that the rijie eggs will oo/e fr(nii 
tlie ojjeniugs of the oviducts before the mass is (juite at tlu' ]M.iid of lieiug discharged. If the 
point of a knife be pushed into the swollen ovary, a milk-wiiite fluid will How out of llie cut. 
Mixing a little of this wjtli sea-water and placing it on a slide uuderneatli a cover, a lens of loo 
diameters will show, if the specimen is a female, "that the white lluid is almost eutindy 
made up of irregular, pear--^haped, o\ai'iau eggs, each of whicJi contains a large, circular, 
transparent germiuative vesicle, surrounded l)y a layer of a. granular, slightly opaque yolk.' 
Perfe(!tly ripe eggs will lie seen to be clean, sharjily defined and separate from each other. If 
the specimen be male, a glance tlirougli the microscope shows something (piite ditt'erent fmm 
the fluid of a female. ' 'I'liere ai'e no lari^c bodies like the eggs, but tlie fluid is fllled 
with innumerable immliers of minute granules, which ari' so small that they are bandy 
visible when magnified one hundred diameters. They are not uniformly distributed, but are 
mticli more numerous at some points than at others, and foi' this i-eason the fluid has a cloudy 
or curdled appearance. i>y s(decting a place where tlie gi-annles are few and pretty w(dl 
scattered, very careful watcliing will show that each of them has a lively dancing motion, and 
examination with a jiower of -'lOO diameters will show that ea(di of them is tadpole-shajied. 
and consists of a small, oval, sharply deiined •head,' and a long, delicate • tail,' ))y the lashing 
of which the dancing is ]ii'oduced.' These are the .s7;f/v//(7/(*..-of/, oi- • male i-ells," whose union 
with the eggs (ir ui'O of the female is necessary to the fertilization (d' the latter, and the conse- 
(pient hatching of living oysters." 

" Again quoting from Di-. r.roo]\s:'" 

''The number of male cidls wliich a siiiule male will yi(dd is great beyond all power of 
expression, luit tlie number of egy^s which an average female will furnisli may be estimated 
with suflacient exactness. .\ single I'ipe egg measures about one jive-hundredth of an inch in 
diameter, or five hundred laid in a row, tiuiching each other, would make one iiudi ; an<l a sijnai'e 
inch would contain five Jiiiiulred such rows, or "lOO by ."iOiir=:-_>:,n,0(Mi ('gy-s. Nearly all the eggs 
of a perfectly ripe female may be washed out of the ovary into a l)eaker of sea-water, and as 
tliey are heavier than the sea,-water, they soon sink to the bottmn, and the eggs of a medium- 
sized female will cover the bottom of a beaker two inches in diameter with a layer of eggs 
one-twentieth of an inch deep. The area of the bottom of a beaker two indies in diameter 
is a little more than three sipiare inches, and a layer of eggs one twciitietli of an inch deep, 
covering tliree square inches, is equal to one three-twentieths of an inch deep and two square, 
and as a single layer of eggs is one five five-liundredth of an incli thi(d<:, a layer of three- 
twentieths of an incli thi(d\ will contain seventy-five layers of eggs, with 250,000 eggs in each 
layer, or IX, 700,000 eggs, ft is difiicnlt to get tlie eggs perfectly pure, and if we allow oik;- 
luilf for foreign matter and errors of measurement, and foi' imperfect contact between tlie 
eggs, we shall liave inm-e than nine millions as tlie number of eggs laid liy an oyster of 
average size, a number whiidi is proliably less than the true number." 

"Mobius estimates the number of eggs laid by an average European oyster at 1,012,925, or 
only one-ninth the number laid by an ordinary American oy<ter, but the American oyster is very 



]-J2 

iiiiii-]i liir.ii-er tliaii the KiiroiKnui, wiiilc its (^i^-ys arc loss than one-third as large, so the want <>t" 
agreement between these estinr.ites does not indicate that either of them is incorrect.* Another 
estimate of tlie nnmber of eggs laid by the Enropean oyster is given by Eyton (Ilistonj of the 
(Jijster and Oi/stn- Fls]ierie>!, hx T. ('. Eyton. London, I.s.'jS). He says, page i^4, that there are 
;i])ont l,s()(i,(MH). and therefore agrees pretty closely with Mobins." 

"An iinnsiially large American oyster will yield nearly a cubic inch of eggs, and if these 
were all in absolute contact with ciicli other and there were no portions of the ovaries or 
other organs mixed with them, the cubic inch would contain 500'', or 125,0()(),()()0. Dividing 
tliis, as Ix'fore, l)y two, to allow for foreign nuitter, interspaces and errors of measurement, we 
have abont (i(),Or)(i,0(i(i as the jiossible number of eggs from a single oyster." 

".Vlthough each male contains enough fluid to fertilize the eggs of several females, there 
4loes not seem to be much difference in the number of individuals of the two sexes. When a 
ilozen oysters are opened and examined, there may be five or six ripe females and no males, 
I)ut in another case a dozen oysters may furnish several i-iiie males but no females, and in the 
long run th(> sexes seem to be about equally numerous. ( )ystermen believe that the male may 
l)e distinguished from the female by certain characteristics, such as the presence of black pig- 
ment in tin' nnintle, luit microsco]iic examination shows that these marks have no such mean- 
ing, and that there are no differences between tlie sexes except the micro.scopic ones. It is 
not necessary to use the microscope in every case, however, for a little exi)erience will enable a 
sharp observer to recognize a ripe female without the microscope. If a little of the milky fluid 
from the ovary of a female with ripe or nearly rip(^ eggs, be taken upon the point of a clean, 
bright knife-l)lade, and allowed to flow over it in a thin film, a sharp eye can barely detect tlie 
eggs as white dots, while the male fluid appears perfectly homogeneous under the same circum- 
stances, as do the contents of the ovary of an immature female, or one which has finished 
spawning. When the eggs are mixed with a drop of water they can be diffused through it 
wiihout difficulty, while the male fluid is more adhesive and difficult to mix with the water. 
15y these indications 1 was able, in n(>arly e\-ery case, to Judge of the sex of the oyster before I 
had made use of the naicrosco])e." 

'• Se.nial Difference.'^. — This <juestion of sex, and the condition under which impregnation 
takes place in oysters, must next Ix' considered. To this (piesticm Dr. Brooks devoted himself 
with special attention." 

'■ Aliout all the published information upon the subject referred to the European species, 
■MvX stat(Hl that, by means of spermatozoa, discharged into the water by neighboring oysters, and 
sucked within tlie shell, the eggs are fertilized inside the body of the parent, and that tlie 
young are carried inside the parent shell until they are <]uite well advanced in develoinnent 
iind ]n-ovided with sliells of their own; that they swim about after they are discharged from 
the parent until they find a place to attach themselves, but that they undergo no change of 
structure between the time when they leave the parent and the time when they become fixed. 
Misled by these statements, I>r. Brooks opened many oysters during the summer of 1878, and 
carefully examined the contents of tlie gills and mantle chambers, but found no young oysters. 
' I concluded,' he says, ' that the time during which the young are carried by the parent must 
be so short that I had missed it, and I entered upon the work this season with the determination 
to examine adult oysters every day, through the breeding season, in search of young, and at the 
vsame time to try to raise the young for niyself by artificially fertilizing the eggs after I had 
removed them from the body of the parent.' The result of a diligent practice of the fir.st of 

"*Mobius' measurement, from 0.15 to 0.18 millimeters, is given (A.ustern unci Austem-wirtschaft, 1877) as the diameter, not of 
the egg, but of the embryo, but his tigures sliow that the European oyster, like tlie American, does not grow much during the 
•early stages of development, but remains of about the same size as the egg." 



123 

tliesp resolutions surprised him. In the first pl;ice lie provi'd anew the .generally disputed doc- 
Iriiie, that oysters are not herniaidiroditii- ; in other words, that each oyster is, at the breeding 
season, either a male or :i female, lie wi-itcs : 

••'l)nriuL;' my investiuations 1 submitted more Ihau a thousand oysters to microscopic 
examination. Aly studies wovo cari-ied on during the breed! uu' season, and 1 did not find a 
sinti'le hermaphrodite. The male cells are so small c(nni)ared with the eygs, that it would be 
impossible to state that a mass of eggs taken from the o\-ary contained no s])ermatozoa, althoui;-h 
they could not escape detection if they were at all abundant.'" 

"On the other hand, a single egg in the field of the microsco[ie, in a- di'oji of male lluid, 
would be very c(Mispicuous, and could not esi'ape detection ; and tlu' fact that not a single case 
of this kind occurred, is sufficient to estalilish the (list iucluess of the sex(\s at (he breeding 
season." 

" 1^'urther than this, he discovered that althougii the American oyster seems well adapted 
to follow the Kuroiiean sjiecies, and various other marine ami fresh-water lianiellibrani'hs, to 
draw into its mantle chamb(>r, with the sea-water, the spermatozoa discharged fivnu the nuxntln 
chamfxM's of neighlioring oysters, and thus to bring ai)out (lie fertilization of tlie eggs inside the 
ca\ ity of the shell, this does not seem to occui-. lie affirms this vei-y positively, and scientific 
men generally have acce]ited the comdusions as facts. I (piote tlie words of one jiaragraph 
r( dating to it : 

" ' I have cai'cfnlly seai'(died the gills and mantles of more than a tliousaud oysters, at a. time 
when the reproductive m'gans were ]daiuly seen to be discharging their ripe contents, and have 
not found a single fertilized egi;- or embryo in any jiart of the mantle chamber, in or on the 
gills, or anywhei'c (dse inside tliesludl. This negativi^ evidence, together with the fact that the 
eggs can l)e hatidn^I after tlu'y have been artihcially removed fi'om the ovaries, seems sufficient 
to prove, in the al)sence of all evidence to the contrary, that the eggs of the American oyster 
undergo de\(dopment in the o])eu oceai:.'"" 

" That is to say, during all the period when the young of the Enroi)ean oyster is being safely 
nurtured inside the mantle-cavity of its iiarent,aud protected from all harm by its strong slndls, 
our infant oysters swim at large in ojien ocean — if hud^y enough to get himsidf born at all from 
the ey;ii whi(di is sent abroad unfertilized, to meet a chance male cell ami so beconu' im])reL;'- 
nated ami start into life, if fortune favors." 

" E.r per line iiis in a liilicidJ J'eiiili:<tfinti. — As has been hinted. Dr. 15rooks spent much of his 
time and efforts at the laborat(u-y in experimenting upon the artificial fertilization of oysters, 
by mixing eggs extracted from a female with spermatoza from a male. lie found it an easy 
matter to secure their union, and made his embryological studies from eggs and embryos thus 
cultivated, in a watch ciystal or in a glass beaker. He gives minute directions as to the jiroper 
method for repeating these experiments, whiidi those liaving a microscope can easily undertake, 
but whi(di may be omitted as not pertinent here." 

" DedelojJinent of ihe >/(>iiii(j (it/sier. — The next step, having got the eggs, or learned their 
iiature, is to examine their fertilization ami developnu^nt. Dr. JJrooks writes : " 

"The l)ody of the oyster, like that of all animals, except the very simplest, is made up of 
organs, such as tlie heart, digestive organs, gills and reproductive oi'gans, and these organs are 

"* Writing concerning his work in 1881, Mr. .Tulin A. Ryder remarks: 'No evidence lo sliovv Uiat cur oyster is lierraaplirodite 
w:is found during tlie entire season, nor were my searches for embryo or eggs, in tlie mantle or in the gills, more successful than 
tliose cairied on two years before by Professor Brooks. There is no doubt whatever that the oyster of Euro|>c nurses its young 
on its mantle or gills for some time, nor can we well question the very high authority of M"bius for saying that in most cases the 
sexes are separate, and that only one kind of pioducts, viz : either eggs or spermatoza, are at any time found in the generative 
organs. Lacaze Duthier's observations seem to coutirm the conchisions of M"bius.' — Repurt of T. B. Fergumn. a commissioner of 
fisheries of Maryland, Jaiviartj^ 1881, ^w^e 14." 



l-2i 

;\t some period in tlie lilV of tin- oyster made \i[i of microscoiiic cells. Ivicli of these cousists-- 
of a layer of protoi'lasm ai'ouiid a central nucleus, wliicli, lii tlie egg, is a large, circular, traus- 
jiareut body known as tlie u'erminative vesicle. Each cell of the body is able to absorb food, to 
iiTow and to multiply by division, and thus to i-outribnte to the growth of the organ of which 
it forms a part. The ovarian eggs are simply the cells of an organ of tlie liody, the ovary, and 
they differ from the ordinary cells only in being much larger and more distinct from each 
other; ami they have the power, when detached from the body, of growing and dividing up 
into cells, which sluill sliaiie themselves into a new organism like that from whose body the egg- 
came. ]\Iost of the ste]is in this wonderful process may be watched under the microscope, and 
owing to the ease with whicli the eggs of the oyster" may be obtained, tliis is a very good egg to 
study." 

"About fiftt -.'u minutes after tlie eggs are fertilized they will be found to be covered with 
.male cells. In al)out an hour the egg will l)e found to have changed its shape aiul apf)earance. 
It is now nearly spherical, and the .germinative vesicle is no longer visilile. The male cells 
may or may not still be visible upon the outei- surface, in a short time a little transparent 
point makes its appearance on the surface of the egg, increases in size, and soon forms a little 
l)rojecting transparent knob — Xlw pular ylohule. 

"Recent investigations tend to show that while these changes are taking place one of the 
male cells i)enetrates the protoplasm of the egg and unites with the germinative vesicle, -which 
does not disappear, but di vi des into two parts, one of which is pushed out of the egg and becomes 
tlie polar globule, wliile the other remains behind and becomes the nucleus of the developing 
eu-g, but changes its appearance so tliat it is no longer conspicuous. The egg now liecomes 
l)ear-shaped, with the polai' globule at the broad end of the pear, and this end soon divides 
into two parts, so that the egg is now made of one large mass and two slightly smaller ones, 
witli the polar globule between them." 

"The later history of the egg shows that at this early stage the i-gg is not perfectly 
homogeneous, but that the protoplasm which is to give rise to certain organs of the body 
lias separated from that wliich is to give rise to others." 

" If the egg were split vertically we should have what is to become one-half of the body 
in one part and the other half in the other. The single spherule at the small end of the pear is 
to irive rise to tlie cells of the digestive tract of the adult, and to those organs which are to be 
derived from it, while the two sidierules at tlie small end are to form the cells of the outer wall 
of tlie body and the organs which are derived from it, sucli as the gills, the lips and the mantle, 
and they are also to give rise to the shell. The upper portion of the egg is to become tlie ven- 
tral surface of the adult oyster, and the surface which is on the right side is to liecome the 
anterior end of the body of the adult. The upper portion of the egg soon divides up into 
smaller and smaller splierules until we have a layer of small cells wrapped around the greater 
part of the surface of a single large spherule. This spherule noAv divides up into a layer of 
cells, and at tlie same time the egg, or rather the embryo, becomes flattened from above doMU- 
ward, and assumes the shape of a flat oval disk. In a sectional view it is seen to be iiuide up of 
two layers of cells: an upper layer of small transparent cells, which are to form the outer 
wall of the body, and which have been formed by the division of the spherules which occupy 
the upper end of the egg, and a lower layer of much largei-, more opaque cells, which are to 
become the walls of the stomach, and which have been formed by the division of the large 
spherule." 

" This layer is seen in the section to be pushed in a little toward the upper layer, so that 
the lower surface of the disk-shaped embryo is not flat, but very slightly concave. This con- 
cavitv is destined to grow deeper until its edges almost meet, and it is the-rudimentary digestive 



12o 

i-avil\'. A \-iTy short t iiiic afttT tliis shiu'c luis Ix-pii rfa.rhed, and iisiia lly within t'lvini two ta' 
four hours after tlic <',u-.i;-s wow fertilized, the eniln-yo nndor^-oes a liToat chany'o of shajie." 

••A i-ircuLir tuft of hint;- liairs. or i-ilia, has now made its apjiearauce at wliat is thus iiiark(Ml 
as the antei'iorend of th(^ liody.and as soon as these liairs are foi'nit>d they l)(>uiii to swiiii;- 
backward and forward in sn(di a way as to constitute a swiinniinu- ori;-an, which i-ows tin' litth^ 
animal uji from the hottom to the surface o1 the water. wliei-e it swims ar<iund \ erv actively 
by the aid of its cilia. This sta^e of (le\ idojiment . which is of short duration, is of yreat. 
importance in rearing;- the younu- oysters, for it is the tinu'when they can b<\st be sii>hi ned 
off into a sejiarate vessel and i'fi'a] from the dan^'er of tieini;- killed by the decay of any eii-i;-s 
wliich may fail to de\(do|i. < )u one surface of the body at th is stai^'e. t he dorsal sui'fai-e, (liere 
is a W(dl-ma i'lved li'i'oove, and when a specimen is found in a proper po-il ion for e\a miiiation, the 
opeiiiiiL;- into the di,i;'est i \e tract is found at tlie bottom of this ,<;-i-oove. figure •".:'. is a sectional 
view of su(di an embryo. It is seen to consists of a central cavity, the diu'estive cavity, which 
oiiens externally on the dcu'sal surface of the body liy a small orifice, the primitive mouth, and 
wliicii is sui'i-(uiM(b'(l at all |ioi nts. e.\ce))f at t he mouth. l)y a wall wliiidi is distinct from th(^ 
out(M- wall of the body. Around I lie ]u-imiti \ !■ nH)uth these t wo layei-s are coiit iiiuons \\i th eaidi 
other." 

'■•This stau'e of de\ ido|)menl . in wliiidi the end)ryo consists of twi.i layei's. an inner layer 
suri'onndini;' a cavity which opens externally by a mouth-like opening-, and an ontei' layer wliich 
is continuous with the inner a round the mari;insof theopeninu'. is of \er\- fre(pieiit occurrence, 
and it has been found, wilii modifications, in the mo<t wididy se])arated sironjis of animals, 
such as the starfish, the oyster, and t he froi;-. and some re]iresenta t i\ es of all the larger i;rouiis 
of animals, except the /'/"/nyni appear to jiass dnriiiii' their de\ elo|iinent tliroiiuha form whiidi 
may be repirded as a more or less consideralde modilication of that ]>resenied by oui' oystei-- 
endiryo. This sta;.;'*' of d(n'(do))uient is know n a'^ the (jasl nihi staa'e." 

'■(Vrtain fiiU-ufown - an ima Is, smdi as the fresh-water hydra and some simnn-os, ai-e litth> 
moi'e than modified u'astrulas. The body is a simple \ase. Avifh an oiieiiiuK at one end commu- 
nicatiiii;' with a dii^'est i \ e cavity, the wall of whicli is formed i>y a layei' of c(dls. which is 
continuous ai'oiiiil t hi' oiienini;- with a second layer, which forms the out(M' wall of the body. 
This fact, toyetlu'i' with the fact that animals of the most widely separated aroups ])a8s thvou.i;h 
a aastrula stap' of de\('lopment. has led certain naturalists to a. Keneralizatiou, which is known 
as the ' ua^^trula tlieory." This theory or hyjiothesis is that all animals, except i\\% protozoa, are 
more or less direct descendants of one common but very reunite aui'estral foiui, whose body 
consisted of a simjile two--\\alled \ase. with a c(_'iitral dit;estive cavity openiui;- (>.xternally at 
(UH> end of the bo<ly."' 

•' The ed,t;'es of the' primitixe mouth of the oystiM* continue to aitiirnach c^acli other, and 
linally meet and nniti'. thus closinu u|> tie openiiiL;' Rud leavini;' the di,i,^estive tract without: 
any communication with the (uitside (if the body, and entirely snrronmled by the onfei' layer. 
The furrow in which the ]ii'imitive mouth was plac(>d still i)ersists, and soon a snuill iire^iilar 
plate makes it ap]>earance at each end of it. 'i'hese little plat(>s are the two valves of the shell, 
and in the o.vstei' they are separated friuii each other from the first, and make t luur a]i))earam'e 
indi^peudently." 

"Soon after they make their apiieai'ance the embryos cease to crowd to the surface of the 
water, and sink to various depths, althouuli tlu'y continue to swim acfivel.v in all directions, 
and may still be found occasionally (dose to the surface. The retrion of the body which carries 
the cilia now becomes sharply defined, as a circulai' pu-ojectiny' pad, tlie rehnii. and this is 
piresent and is the organ of locomotion at a mucli later stage of development. 

'' The two sliells grow rajiidly aiid soon become finite regular in outline, but for some time 
they are much smaller than the body, which project,-; fi'om betw(^eu their edges, ai-ound their 



wliolc rircuintVi-i'iirc, cAcciit almiu'a shm-t ai'ca. tlie area of tin* liini:i'. ii]i(in the doi-sal surface^. 
wlieie tlie two valves are in contact." 

"The two sliells coutiiiiie to .utow at theii' edu'es, and soon become lary-e enouiili to cover up 
and project a little beyond the surface of the body, and at the same time muscular fibres make 
their ai)pearance and are so arranged that they can draw the edge of the body and the velum in 
between the edges of tlie shell. In this way that surface of the T)ody wliich lines the shell 
becomes coiiverted into tlie two lolies of the mantle, and between them a mantle cavity is 
formed, into whicli the velum can be drawn when the animal is at rest. While these changes 
liave been going on ovei' the outer surfaci> of the body, other iinjioi-tant internal modifications 
have taken jilace." 

•■ We left the digestive tract without any communication with the e.xtei'ior." Soon tlic outer 
wall of the liody becomes ])ushed inward, to f(n'm the true mouth. The digestive cavity now 
becomes greatly eularg(>d, and cilia make tln^ir appearance ui)on its walls, the mouth becomes 
<'onnected with the chamber \\ liich is thus formed, and \\hicli b(M-omes tlie stomach, and 
minute iiarticles of food are drawn in by the cilia, and can now be seen inside the stomach, 
where the vibration of tlie cilia Iveep them in constant motion. Up to this time the animal lia.s 
developed without ui'owing. and is scarcidy laryer tiiau the unfertilized egg, Ijut it uom' begins 
to increase in size." 

"Soon ai'ter the mouth has liecome connected with the stomacli this hecomes united to the 
body-wall at another ]i(.iint a little l)ehind the mouth, and a second opening, thi' a/t'/.s, is 
formed. 'I'he tract which connects the anus with the stomach lengthens and forms the 
intestine, and, .soon after, the sides of the stomach become folded off to form the two halves of 
the liver, and various mu.scular fibers now make tlieir appearance within the body." 

"All my attempts to get later stages than these have faihnl, through my inability to Hud any 
way to change the water without losing the young oyster, and 1 am therefore unable to 
describe the manner in which the swimming emliryo Ijecomes converted into the adult, Init 1 
Jiope that this gap will l>e filled, either by future obser\atioiis of my own or by those of some 
otlier embryologist." 

" Siich is the scientific history of the oyster-embryo. The practical utility of the knowledge, 
liowever, to the most of us, is that the .Unerican oyster lays a vast number of eggs, but that they 
a re exposed to dangers so constant and innumerable, that under ordinary conditions few ever come 
to life, or at any rate succeed in living long enough to anchor themselves and take on the pro- 
tection of shells. Phis is only another e.vample of a fact well-known to naturalists, and occur- 
ring widely among animals of low grade. The iiuml)er of eggs laid, or even of iiidivi(bials born, 
has very little to do witli the abundance of a s])ecies, which is • determined, mainly, by the 
external conditions to whicli it is exposed.'" 

" L/'J't (if iht Ydiniij (_);/xler. — The young .\merican oyster leads a peculiarly precarious time, 
since it is first thrown out an unfei-tilized i^^;^, and the chance that it will immediately meet 
with a male cell must be very slight ; yet if it does not it will iierisli, for the sea-water destroys 
nnimpregnated eggs within a few minutes after contact \vith it. Having by good chance become 
fertilized by meeting a male cell, the next period of great danger is the short time during which 
the emljryos swarm to the surface of the water. They are so jx'rfectly defenseless, and so 
crowded t(\gether close to the surface, that a small fish, swimming along with open mouth, 
might easily swallow, in a few montlifuls, a number equal to a year's catch. They are also ex- 
posed to the weather, and Dr. Brooks found that a sudden cold wind or fall in temperature, as 
occurred se\eral times during his experiments, killed every embryo in his care. The numbei- 
whi(^h are destroyed ))y cold rains and winds must be very great indeed. As soon as they are 
safely past this stage and scatter and swim at \arious deptlis, their risks from accidents and ene- 



]-_'7 

lilies arc L;rc;il 1 v iliiii in islicil. I p to t iiis |.(iiiil. w liicli i> rcaclii'd in lie mi t w cut \'-t'<iiir iioiirs fu 
six (liiys. tlicrr is no ili(Ui-iilly in i-rariiit;' tiiciii in an a<|narinin. iw i\ idcd nnilnrm warm tcmpci-- 
aturc be pi'e.-erved. " 

AltlK.mii'li we failed to keep 1 he yiiiniL;- oysters ali\(' until tiiey were lai-,i;-e enoimli lo haiidli- 
and plant, our experiments sIiowimI t lie j)ossiljility of rearinu- them in nnlimiteil niinihers, so 
soon as some praetieal met iiod of iireserviu'/ theui alive diirinu- their infaiiry s lion Id lie diseovescd. 

The next Kreat step in tills direction is due to I, lent. Wiiislow. While we were can-yiiiK on 
our experiments at ( 'risliidd, in i >i7'.i, t his of'iccr was eui;-aL:cd in examini iiu' t he oyster beds of 
Tan.tj'ier Sound, and he mude fi-e(|uent visits to our laltoraiory and learned our methods. The 
next year, wliile staiioned at ' 'adiz. Spa in, on iia\al duly, he repeated the experiments with 
j'ortuii'ese oysters, and showed that these like the American oysters lia\c the sexes separate, and 
that the es^-u's are fertilized in the water; that the younu' are inde|iciident of ]ia rental iu-(_)tcct ion. 
and tiiat tliey can be artificially reared like the oysters of onr waters. Iiis results were iiiven 
in a paper which was read Ix^fore the Mai-yland Academy of Sciences, in November, iss], a,n(^ 
this pajier was afterwa rds printed in the Aniei'ican Naturalist. 

'i'he next .yrinit step was the discovery of a siniide and prai'ticai melhodof I'carini;- tiic 
yoiinu' oystei-s \vhich a i-e hatched artificially, and this step, which c<impletes the solution of 
the problem, and i)uts it within our iiower to remo\c fon.'N'er all daiii^'er of the extermination of 
the oyster, is the contril)ution of a fi-euch naturalist, .M. 15ouchon-l>randeley. This author, likt" 
W'inslow, ex]jerimented with the I-'ortUi:uese oysters, and \\-liile he does not seem to liave ))een 
acquainted witli M'inslow's jiajier. he aia-ivcd at the same concdusioii, and showi^d that the sexes 
are separate, that the e,i;xs are fertilized in the water, and that the yount;- may be hatched 
iirtiticially, but he also went one step further, and sui-ceeded in reariiiL;- in this way a very Lrreat 
number of seed oysters fit for plaiitiiiii'. 

His paper was translated by .1, .\. Ryder, and printed Aju-il ID, ISSM, in the Bulletin of tin* 
the IT. S. Fish Commission. The following extracts fi-om thi.s translation, show the character 
of tlie methods whiidi ai-e employed, and tlie results whicli wei-e obtained : 

" UKi'oKi' i:i;i. \i'i\i: Id iiii: i:I';m;i;a rio.v .wo .mm'ii'K .\i, i'kctndai'io.v ok o\si'ki;s. xDmnNSKn io riii-: 

\iLMsTi:i; 1)1' riir; \i.\imm-: and tiii-: coi.omks.'" 

■■ \:\ M. liOl ( tn)N-lU!ANliKl,KV," 

•■ Strn/.ii y o/ the Col/ex^ ,;/ /",••,;/;,,■." 
'■ J'jiti mil .iffiricl, lir /■[ Repiihlni'ir h rii nr.iis-' 1 i.-cfinbi-i' l(j uiut IT, ISSi, pj) (i7()i-(lT(U aiiil (;7;s.(;7g',> •I'r.in-latr.l Willi notes \>v. 
Jnii.N A Kydick, ill llic till Iniii i.f (ill' v.. S. l-'i.-li I'cmiiius-iion, .Kpril llUb. ISs:;," 

"Since the creatiim of the (.istraciiltural industry, the administration of the marine has not, 
ceased Ijy divers means, ^-i-ants of money, missions, etc., to encourau'e all attempts haviui^- for 
their object the d(^velopment of this industry. It is unihiubtedly to this tliat ostiviciiKure owes 
its present prosjieritN' and the constant pro,i;-ress it has realized, a prog-ress which was shown iit 
hO worthy a manner at the exposition at I'ordeaux." 

" l-'aithful to tills tradition, you have been good enough, monsieur, to authorize us, under 
your auspices and with your encouragement, to make the investigations of which we liei'ewith 
present an account." 

"The mollusk, known under the name of the Portuguese oystei-, has not existed upon our 
coast for more than thirty years." 

•• It is superfluous to liere describe their external form, in that it do(>s not recall tliat of 
O. ediilis." 

"In respect to sexuality, tlie difference between these two mollusks is very great ; mo.st 
radical. Ostrea fdt'//'.s is hermaplirodite : 0. au^injata is unisexual or dicecious. We have- 



opened moi-p tluiii Ki.imki in all i)li;is.-> nf roprodnctive activity, and we ]iiiv(> not seen a siiiijlo 
<»ne of the latter of wliicli tlic sc.\ wms donlitf'nl. They wi'vc nil eithn- pxclnsively male or 
<'X(insiiveiy feiuiile." 

" Xo less niiirki'd is the ditlVrcnce in the inndi' of reprodnction. The e.uvs of the coniiiiou 
oyster are feciiiuLited within the valves of the parent, apparently within the openings of the 
ovidiiets ; those of the I'ortnynese si)e('ies on tlie bosom of the waters. The first cannot develop 
outside of the ini-nhalory cavity of the imi-eiit ; the second nuderyo their devehipmeiit in the 
open currents. The larvje of (K ediilis, in ordei' to live, develop and attain the errant or pelaKic 
statue of their exist<Mice, are de])Pndent uiion the albuminous liquid secreted by the mother; 
those of (). (iiKjiihtta. more viu-orons, more independent, and altogether more active, transport 
themselves into the livin.t,'- waters to there take ii]' the nutritive matters which are iiecessary to 
ti'ansform them int<i s|>at." 



" .\'I'I'i:mi"i'- vv \ iMii-ii I \t, imi'Kki.v a tion." 

•' \\'hen aftei- two years we had learned f<ii' a certainty that the se.ves (if O^ircd ungulata 
v\-(M-e confined to s(>iiai-a(e indi \ iduals, we immediately coiic(>ived that it was possil)le t<i artifi- 
cially fiu'tilize tlu^ e^'us of this molliisk. We were likewise eiicoura.t;-ed by the experiments whi(?h 
Hrooks. of the .lohus liojikins Ini versify, of J?altimore, had made upon Ostrea rirf/ii/iva, like- 
Avise unisexual, and \\hicii had eiial)led him to l'ollo\\- the development of the embryos to tlie 
foi-matiou of the shidl." 

•' We be^-au som(^ exjieriments in the lalKU-atory of eml)i-yoi;eny of the (oile^'e of i^'iauce, 
vvhicli. without beini^- C(iuclusi\e-. indicated none tlu' h^ss the ]iath to l)e jiursued, and the man- 
ner in which our experiments were to l)e rondui-ted. In the course of the same year these expe- 
riments were repeated at .\i-c;ichon without much success. Jiast year we obtained mobile 
larva' foi' the fiist time. Tlie dbservation much surprised us ; we had not long- to wait, for after 
an inculiatinn of only twelve hours, a precocious outward manifestation of life was apparent, for 
already in this jihase of their evolution these lar\a' ]U-esented ;ni aiilH'arauce which left no doubt 
as to their definitixc form."' 

'■ .\t the end of last x-ason we little 1 linuu-hl . considerin,^' the slownoswith which our 
studies had proy-ressed, that we would lie able in a single campaign to solv(> tlie probhun of 
artificial fertilization ai)i)licable to tlie osti-acultural industry ; we were also not at first assured 
of our ability to produce the uuinifestation of the iihenoniena which we ha\e observed with st> 
much interest ami u|iou which rested oui- hop(» of final succe.ss." 

•• In rec(uumencing tlie work we w(>re obliued to make choice of a convenient station for our 
<'Xperimeiit>. The station of N'erdon. situated on the left bank of the (iironde, at a distance of 
several kilometers from tlie mouth of the river, seemed to ns to combine all the desired advan- 
tages. We were assured of finding there the oysters fitted for sjiawning, as well as suitable 
"water. In fad, the first attemjit which we made in artificial impregnation in fourteen lioiirs 
afterwards resulted in the ju-oduction of mobile larva-, notwil listanding that the season for tlie 
fry had not yet arri\cd, c(Uiimencing at least a month later." 

" ,M. Tripota. <uie of the veteran ostraculturists, and at the same tinn> (Uie of thi> most 
com]ieteiit. very willingly, at the request of the commissioner, M. .louan, jilaced at our di.sposal, 
witli a grace and disinttu-estedjn'ss for which we are under great obligations, two bcvautiful 
imsubmersibh- claires, which receivP'l fresh -water for several days during the siu'ing tide, 
and whicli were soon arranged for our use by means of some slight internal altera- 
tions. Si^jiarated from (>ac]i other by a straight, massive wall of earth, these two pouds, 



with ;tii a"Cii of a.I) mt 10 ) mi'ttM's car-h, and an avei'aj;'!' drptli of so ccut hin-tet> to 1 iiu'tfr i 27 
inches to '■'• tVrt i, witc ]ilai'cl in coniiiiuuication hy means of a pii'i'. whicli was closed at either 
end by a si)onu-e to keep onl any sedinuMit in sn-^peii^-ion in the water, in this inanniir all 
doubt as to the oi-i^in of the spat wliicli was ccdlected was ^narded aii'aiust.' 

•• Fcir the on t let, an appa.r.it n?* ronsist inn' of a wall of line sand confined by hoards iierniil ted 
the water to pei-colate thronii'h it. hnt presented tlie embryos fi-om escapiay with it. The lower- 
most claire only was ntilized in oni- e\p<'riments. I'he upj)eriiiost idaire, in which we stoi'erl 
tlie water whenever it was jiossible, served as a I'esi-rsoi i- fi'oui wlii(di to decant, the snpply j'ipe 
allowinii' nothing' to [lass iido the experimental (daii'e e.vcept cleai' water." 

" This arraiiuemeut coinideted, tlie products of artifii'ial fecundation, im|>i-eunated in \ ai-ions 
ways, were imured into t he e.\pei'imeuta,] reserxoii-. riii> took idac<' in t lie secoml weid'; in.lnne.'' 
'•Accordiuii" t<i our b(dief. we hoped to hud souu' sjiat on the collectors phiced in tlie e\pei-i- 
nieutal claire at the end of the sanu' luontli or by the Ix'^-inninn- <>i' the month of .Inl\-. M. 
Tripota, wlio had taki'n an ai-tixc part in tin' wm-k, and who took my jdaci' in my absence, con- 
tinued to sup]il\' the claire with fertilized e^xs and mobile embi-yos." 

" TJie time assii;'ned for e.\i)eriuHiutal proof haxiuu' ai-ri\ed, the collectors \sere examined, 
but tliey did not bcnir any ap])areut trace <if spat. This was a dei'eiition. Meanwhile, thinking 
that the .season for the fry had not yet begun in the (iii-onde. we e.\|>ecte(l happiei' results from 
our final e.vperlments. Tlie (daire was einiitied,and souk^ nioditications were introduced In the 
mauageuient of the wafer, and from day to day mi.Mnres of tlie generative iiroducts were again 
jioured into the (daire. 

'■ (>n tlie 24tli .Inly the tibis were e.vamined. This time all bad spat attaidied. Ft was 
therefore evident that the lii-st e.\i>erimeiits hatl not been as unsuccessful as we liad su])p()sed. 
In fact, each of the files iuimersed had yoinig oystei's attacdied to the numlier of twenty or 
thirty, nieasuidug about a cent iuietre (two-fifths of an iucdi] in diameter. This spat was evidently 
derived from the spawn put out during the end of June or the commencement of .Inly ; but their 
small size had lu-evented us fiom seidug tlu'in when the inspection was made at that time. On 
the '24th .Iul\' we had speidiuens about a. moidh old. This fact was all the more remarkable, in 
that, up to that sauu' time, tin- collectoi's placed in the (lir<inde, in tin.' \-ery center (jf tin- 
siiawniiig lieds, did not show a sign of sjiat." 

"The proldem \\'hiidiwe liad put l)efore. onrscdvi's had accordingly received, from a, sci(Mi- 
tific and jiractica I iioint of view, a solution in c<informity with onr hopes, it was [)ossible to 
obtain sjiat by means of ai'tifudal fecundation and to capture' if in confined waters. .\iid wi' 
no longer had the slightest reason to donbt the ideutif\- of that w hieh had canglit on onr files, 
nor to sujipose that if came fr<nn the waters without, since there was as yet none apjiareut in 
the Giroude. and the tiles in Utc iifiper (daire, which served to feed the experimental (daire, 
were compdetely exempt." 

" If in forcing nature's jirocesses we arrive at the same result, that is, provoke the birth of 
the young betore the time of the normal emission of the spawn, there is all the more reason 
for us to suppose fliat we have an excellent means to aid and favor her." 

"In pursuing (»ur resear(dies in thi; establishment of .M. Tripota, we did well to vary oui- 
means of investigation whenever the same bore upon the industrial asi)e(ds of the work." 

"On the rights (parks) along the ('anal de ("onseiller, and fed by it, there exist old .salt 
marshes, for the most part abandoned, or used for otlier purposes than formerly, some of wlii(di 
have been transformed into reservoirs for fishes. Those which we appropriaterl were about two 
kilometers from the river and from the locality (diosen at N'erdon, and received fresh supplies of' 
water during the spring tides. I'hey consisted of numerous compartmewts, varying in dejitii 
and communicating by wide tremdies cut into the banks separating them from each other. 



1:10 

Tlieir total extfut sDiiicwliat oxi-eeded n ]iprt;iiv. Diiriii-;- the now and full moon the gate roii- 
trolling the supply was oi.ciied to allow the fish cari-icfl by the cun-eut to enter and to renew 
the water. Tliis mnneuvre was n^penled many times dui'ing the tid(.-. On account of the situation 
occupied by this mnrsli along the e.\]iosed shores of the (iiroude tJie water is never stagnant, 
ftven at the time of t]i<> m^iji tidi's. 'l"he sea breezes and winds which follow the course of the 
river aerate it perpetually and agitate its surface. 'Idiose which we had chosen measured 5 to 
fi feet in dejith at the center and -1 to -■'. along the margin. Stalces placed at intervals supported 
the fragments of tiles suspended witli iron wire." 

" From the l)eginning of .inly to tlie end of Ant;nsl. M. (Jassian. scluxd-master at \'erdon. who 
assisted us durinii- the entire ciimpaiun. with an intidligence, zi'al. and devotion worthy of tlie 
highest praise, took care lo poni' intn the inclo>nr(>s. several times a week, the products of the 
artificial fecundations which lie jireimi-ed with rare skill ;ind certainty. Thi-ee hundred oysters 
only Avere used in these (wperinients." 

" Oh the Stli of August he visited tlie collectors. ;ind oliserved on all of them, without 
exception. Imndrcds of young oysters, measuring one-half to two millimetres in diameter (,i to 
,', of an in(dii. Tlie si>at grown from each of the successive lots of fertilized spawn could be 
distinguished l)yits size, which corr<'sponded to its age. Having the curiosity to kno-\v how 
many fixed tliems(d\es to (Uie tile, we counted nuu-ellian eight hundred on a single piece of 
tile, of which the size was one-fifth tliat of an entire one. This time our success was complete."' 
" Tp to the end of August, the time when the oysters liad nearly all spawned, the sjjat 
continued to attarli itself Just as abundantly U> all kinds of colleidors with whiidi it came 
in contact indiscriminately, fragnu'uts of tiles, pieces of W(^od. boards, iV:c.'" 

••Doubt was no loni;-er ]inssilde. The pessimists asked whether our nurslings would grow 
and develop e(|ual to those which Mere naturally collected on the banks of the (iironde. We 
responded to this ol).iection by sending some oi' the tiles to l)e jilaced in the parksat .\rcachon, 
Avhere they remained for a month and a half." 

" These tiles and fragments of tiles figured at tlie end of Se])tend)er in the exposition at 
JV)rdeaux by the side of th<ise which had been lironglit by MM. Trii)ota and (iassiau." 

" We al.^o found tliat the spat Ixu^u in the beginning of .luly, in the (dosed claire, measured 
from tliree to four centimeters in diameter, aiul that which was collected in the salt-marsh I)y 
the end of July and during the month of August had attained the dimension of one centimeter 
(two-fifths of an in.'hi in diameter, finally, during the early ])art of October, we had tlie 
honor of jiresenting to the miinster of marin<' a till' upon -which two thou.sand young oysters 
c()uld l)e counted, measuriuii- IVdui one to two centimeters itwo-fiftlis to four-fifths of an inch) 
in diameter." 

■' It now remained i'or us to make a liual demonstration. It was ne<-essary to prove that the 
siiat which was collected did not ])rimarily enutnate frcun the tianks in the ( Jironde, but was the 
result of the artificial fec\indations jjracticed under our care. This i)roof was evidently sujier- 
Huous after what had taken place in the closed and poorly aerated waters of the claire where 
we had in the first place established ourselves. We knew, in fact, that the person who culti- 
vated the marsh had atteniiit(>d in vain, two or three years before, to collect spat. Rut, in 
undertaking this counter-experiment, we had a two-fold object in view, viz, to clear up all 
doul)ts, if still such existed, as to the value and advantages n\' the method of artificial fecunda- 
tion, and that of cr(>ating a seutiuuuit in its favor. This proof had to lie conclusive." 

'• At the entrance to a lish-pond close to the one used by us, of nearly the same extent, 
similarly arranged and receiving water from the same canal, had been placed the tiles upon 
which it was thought the spat coming from the river would not fail to attach itself. At that 
time the oysters were in the height of reproductive activity ; the collectors in the (iiroude were 



131 

being' ('liarged with spat, and ours in the ntlier pond were heinj^ covered as fast as and in the 
proi)ortion that they were immersed. We expected to find some yoiuii;- oysters on the C(diectors 
put down as a test. 'I'liftre wms notliiny- on tlicni, liowcxci-; t Iit'<c cnllectnrs rem;i incd coinphMely 
free of all traces of spat." 

.Vfter tlie suc<"essfu] results nt Iiic<c cxjierinKMits rlic only t Ihiil; wliiidi rnnniucd was to 
show tliat they can he sii<-cessfully i-epealed in our own WMters. uui\ ;iftei- tni nslat ing- l!randel(\v's 
paper. Ml'. .1. A. Ifydei' constructed on tlu' coast of Nhiryland a similar pond, in wliich he phiced 
a number of artificially fertilized e£i-,i;s. ;iiu1 on Seiiteml)er (;, 18.s;;, lie reported th;it thes<> younir 
oysters had yi-own and thi'i\-en as they liad done in i'l'ance. 

His i)aper was printed in the llnllefinof the I'nited St;i te-^ fish (:(unniissii>n .■^epitMuher (1, 
iss;',, aiul from it we make the followiui:- exti-acts: 



i;i-,\i;i\o ll^■s|•l^^;s kimm a i;ii i'H i \ n,', i- |-,i;Tn,i/.i;i> h:c:(^s, ■r( kjioi'ii i;u « i ru Nnri:.--<)\ I'hn (i-eiM,Tr liK, .t(\ 

•• Tlie desii"il)ility I'f testiuu' the hreediutf of oystei'S in poiuls in tlie rnit(^d States, n.^ 
pnicticed f<u- many xeai's )>ast iu !•" ranee, hns imiy Ijeen a desideratum." 

•■ in ord(>r to test tlie feasiliility of smdi a method una scale lar.ii'e (>noutch tuy-ive us j)racti<'al 
results, an arrangement to carry (ud su<di a scheme was finally effected with tlie Eastern Shoi-t^ 
( )yster Company in .lune iif tin' jiresent year. The beds neai- where tlie woi-k was undertaken 
are owned ])y Messrs. I'ieree ,V .Shejiard. wh.) afforded the wi'iter every njjportunity to carrv on 
his inves(ii;-ations, and also aided him very materially in (lie work of exi)eriment. A jiond was 
excavated in the salt marsh on the shore of ( "hincoteg'ue Bay, on a farm situated at a ilistanceof 
al)ont li miles from the \ illai^c of Stockton, \\'orcester ('ounty. .\hiryhiiid. This jioiid covered 
an area of a))ont "id square yards, and was connected with the bay liy a Ireindi or canal abruit 10 
feet in len.y-th, 2 feet in width, and :i.^ feet in depth, Avhi<di last was the satiu' as that of the jiond 
its.df." 

•■TiH> watei- whi(di supplies this jioiid was filtered thronu'li a iierineable, porns t;-ate. oi' 
diaiihray-m, which was i>lacod in the tremdi connectinii- the j'ond witli the l)ay, and no water was 
allowed to enter the pond whicli had not been first hltered tJiroimh this diajdiraym." 

"The diaphragm itself was constructed of i)oards jierforated with aiiyer holes and lined <>n 
the inside with giinny-(doth <u- sacking ; and the space l)etween tlie perforated Ijoards filled with 
sharp, (dean sand. Tlie space between the lioards was about two incdies; through this the tide 
ebbed and flowed, giv iug a rise and fall of fi-oiii I to C imdies dnriiig the interval between 
successive tides." 

"The collectors used in oiii' experiment were of the simiilest jiossible character, the object 
l)eiug to make the experiment as )iractical in character as ])ossil)le. To this end stakes were 
driven into the bottom of the ])ond, extending above the surface some distance, to which ovster 
.shells, with holes lumched through, wove attachc^l after being strung upon galvanized iron wire. 
A number of these simple collectors were ])laced in the pond, each set being marked with the 
date on which they wer<i placed in position, in order to alford data for a mure detailed study of 
the results of the exjieri ment ." 

'• KKst'T.Ts OK rm; kxi'krimknt." 

"On the 2'2d day of .\ugust, or 4(5 days after the beginning of our experiment, Mr. Pien^e 
sent me by mail a series of shells taken from the collectors, which had been placed in the 
pond at various dates dnring the month of .Inly, and which showed young- oysters or s)>at 



attac-lu'd. raiisiin.t; froni one-loiirtli to tlirce-foiirtli.s uf an inrli in diameter : demonstrating con- 
clusively tliat tile yoiintr would grow just as rapidly in o*ir pond as in the Avaters of the open 
bay. Of this last fact 1 am positively assured on the ground of previous observations made 
during- the three jireceding seasons. '" 

'• We are therefore prepared to assert that it is pei-fectly feasil)le to rear oysters from artifi- 
cially fertilized eggs, and, so far as I can judge, quite as successfully as by the method of sow- 
ing shells on tlie bottom, now largely practiced on the coast of Connecticut in tlie waters of Long 
Island Sound. While our experiment has not shown that we could get a greater set of spat than 
that ordinarily obtained under natural conditions on planted shells, the experiment has settled 
several (juestions which are of the greatest importance in the practical work of oyster culture." 

" One of the difficulties encountered was the same as that met with in shell-planting in the 
o]ien waters, namely, the accumulation of slime and ooze on the surface of the collectors, 
which is So deadly to the infant oyster when it is from one five-hundretli to one-ninetieth of an 
inch in diameter, a very slight quantity of sediment serving at this time to smother the infant 
mollusk and arrest the flow of water tlirough its tiny gills, tlius i)r()duciug death by asphyxia." 



•'Illl.nV i>K rilK KXl'KIMMKNT. 

"The practical utility of the experiment, iu thf writer's estimation, consists in this, that it 
proves that ponds or inclosed areas of water may be readily utilized on the eastern coast of the 
United States for cultivating oysters in the same way as isiiracticed in Ki-ance and other foreign 
countries. In fact there are many thousands of acres of salt marsh all along the eastern coasts 
of the States of Virginia, Maryland. Delaware, New Jersey, aud perhaps New York, and Chesa- 
peake, Delaware and Chincoteague Bays, which could be readily I'onverted intn iieruument and 
I)rohtable planting grounds for the cultivation of oysters." 

"The great advantage of this method would l)e tliat tlie persons, constructing the inclosures 
or digging out pomls on their own territory, would be absolutely protected by law from the 
incursions of the lawless tongers whose rights and privileges are not yet as clearly defined in 
some of the States as they should l)e. The method would also be of advantage from the fact 
that inclosed areas i)roperly constructed are more accessible — it fact, could be so arranged as to 
be worked without the u.se of boats. It would also be found that oysters would fatten and come 
into condition for nuirket at a j'elatively much earlier time in the season than those planted in 
open, uncontined waters where cold currents interfere with the abundant development of food." 

" The collectors best adapted for waters which contaiu a large amount of organic matter in 
suspension are e\idently brush or stakes supporting strings of oyster shells strung on wire, 
because the tide will constantlN' tend to sweep the accumulated sediment off the surfaces of 
the twigs and shells. Such collectors should of course be put into the water ni)right, so as to 
cause the collecting surfaces to l)e far above the bottom, which is usually covered to a depth of 
from a few inches to several feet with Idack ooze or mud in sucli situations. The brush should 
be thrust with the main stein down into the mud far enough to support the branched top 
against the tide, and also be so placed as to bring the top below low water. The stakes, with 
their load of shells, should be arranged in a similar way." 

"These two forms of collectors seem to me to be the cheapest and most available in the 
prai'tical work of spat collecting where the water contains much sediment and the bottom is too 
deeply covered with ooze to make shell planting profitable. Where the ooze is too deep shells 
will rapidly sink into it so as to be entirely covered, and afford no surface to which young spat 
can attach itself and grow." 



" lly iiiciuis n\' sdiiic surli met iioil :i \;\V'^c area can lie rciiilcr.'d prnlifalilr a^ plaiiUn^ n-iomiil 
wliicli is iiiiw iittrrly barren and useless for sucli puriioses." 

" 'l"hes(> are mere sii^-m-,.-;! ions, iint I am ful ly con vinced from llie faets wliicli have eonie 
under my observation dni'iui;' the la-t tliree years that they are very important ones. beean>e in 
many <'ases it is evident lliat all that i^ needed to u'et spat istoall'ord siii-faees npon whirh \\ 
may attach itself in those situations where the bottom is deeply covered with mud ami where Iho 
lixathiu of spat and tlie esta.ldishment of oyster-beds is often, without such jirovision. a sheer 
impossibility. The imiiortancc of ida<dnu- colli-ctoi> in ~n(di places must, therefore, iip evident 
lo the intelli^eni-e of thi- ujosl ordinai'.v ]>er>on." 



'• The snccess in rearint;' oysters from the e!i;ys, as jiracticed at Stockton the [last summer- 
admits of no donlit whatever: inasmuch as there ciiuld be no (piest ion as to the iih-utity of the 
e.iT.gs from ^\■llich the spat which caut^ht on the collectors was derived. No othei- ova could by 
tlTiy means have ,i;a ined access to the in(dosure. so as to vitiate our I'esnlts, lint this snccess 1 do 
not esteeui of as inncli valui'asthe facts of collateral importance vvhich it has >idistanl iated. 
These are tJie followlni;' ; "" 

" First. Jt lias proved that oystei's ma.v lie u'rown in iu(dose(l ponds." 

••Secondly. It has pi-ovcd that an abundance of food will Kt-nerate in such inclosnres." 
•'Thirdly. It has proved that \ve can depend uiiou the tide to renew the watej's of >nch 
ponds.' 

•• l'\iurthly. It has been shown that the cost of digging out pomls on an extensive scale 
would be a comparativcdy inexpensive uudei-taking, Ijecause lut digging is riMpjired e.\ce]jt sncli 
as can be done with a sjuide. Tlu' nature of the salt marsh is such that it can be cut into any 
shape desired; the black muck of tlie marsh being interpenetrated with great numbei's of roots 
and decayed fibi-es of \egetai)le nuitter wliicli render it tough, so that it can be cut out in solid 
blocks. .Vbout the de[ith of what would be taken by three superimposed spadesfull is a suffi- 
cient excavation for tJie pnrjioses of ])(uhI culture in juany places. There are tltousands of acres 
along the eastern coast of the I'uited States of salt marsh laiuls which are availaljle fcu' jioiul 
culture, besides tlie ground already occupied oft'-sliore ; so that tin' develoiiment of the iudustiy 
seems to "be pi-actically unlimited. Wherever the water is fi'esh enough to u-row oystei's, and 
wliere such nuirsh lands also e.\ is t, the const ruction of ponds for oyster I'u It ure is feasible on just a^ 
grand a scale as is now practiced on some jiarts of the coast of I'' ranee." 

"The writer do«'s not think that the r(^aring of oysters from artiliciaUy impregnated eg^s 
will ever be a ]irolital)le bnsiiu'ss. in that it is likely that collecting sjial by simjde and 
inexpensive nu-tho(ls. such as the use of bi'ush, shells, gravel and othei' cheap, clean materials, 
will always yield as good }-esnlts on a large scale as any ai-tificial method could jiossibly give. 
Ihit it is possible that we greatly underestimate the value of wholly artificial methods," 

si VIM.^i;\ OK I II.Vl'll'.i;. 

Ill till' preceding sections we have given nuiuy reasons for believing that the only I'emedy 
wliicli can save our oyster beds from final destruction, without at the same time destroying the, 
oyster industry, is artificial production of (\vsters. We have sliown that the natural supply is 
insufficient for the demand and that the natural fertility of our oyster grounds must ))e increased 
by some method of aitifii-ial oyster cultui'e. 



1.'.4 

We liave al.-^o <hn\vn l]i;it it is (jiiitp possible" to iiicroase the supply and that this ha.s been 
done witk perfect surc's- in m;niy parts of the world, in many ways, and that it is extremely 

jirofitable. 

We b(di(n-e that, haviii- dmic tlii^, we liavc ]ierfornied onr duty and that tliis should end 

our work. 

We have iiointed out the dan-vr; \vc have shown the reasons for it. and we have fully 
described th<> remedy. It must rest with the people (.f tlie State to decide how soon, ami in 
what manner this remedy is to be employed. . 

While we fc<d tliat we have jierformed the duty for whi(di we were appointed, and tliat we 
have, to use the words of the resolution under whi(di wi' were appointed, made " sueli 
reeommendations as will conduce to the protection of thi> important indnstry." there is .still 
another subject n]>on \vlii(di we wish to say a few words. 

It rests'with the Ceneial .\>sendily nf :\[aryland to determine what steps shall l)e taken to 
en<-ourau-e oyster culture. l)nt the exjierience of other States furnishes us with several instructive 
h'ssons on this su]).iect. 

Ovstei- cultivation may be carried on by the State or by jirivate citizens, and as both of 
these phins havi' l)een ti'i(>d. we nuiy li>ar)i from the history of the imlustry in otlier ])]aces 
which of these plans is nn^st lik(dy to be successful. 

Kvery one knows tliat all ordinary luisiness enterprises thrive best in private hands, and 
that it is extrenndy ditlicult i'ov --overnment to mana^'e. with i)ecuniary success, any such 

uudertakinjx. 

The feeling- tliat the culti\atioii of our salt-watei- fisheries is an exception in this particular 
is very wide spread, and th(>reare many piod reasons for this feeding'. 

Salt-water fishes are migratory, and it is impossible to confine them M-ithout restricting 
navig-ation, and it is tluM-efore almost impossible to secure to iwivate enterjirise the right to tie 
fruits of its exertions. For this reason we have long recognized the necessity for State aid in 
this matter. It has been obvious for many years that our natural supply of sea food is 
insufficient for th(> needs of our jieoiile, and most of our States, as well as the General Covern- 
meiit. have maintained JMsh ('omiuissious to restock our waters, at ]mblic expense, for tlu^ ben- 
efit of onr wlnde peojde. 

It is important to l)ear in mind thai the reasons wlii(di Justify this course do not apply to 
the ovster industry. The ]U'ivate ownership and cultivation of the oyster bottoms need not 
interfere in any way with thi' free navigation ni' the waters above them, and as the oydter stays 
where it is ]iiit, t here is no <li fliciilly in securing to jiri vate cult ivaten-s the frnitsof their own 

iiidu>try. 

.Nothing, which can be >atVly intru>ted to in-ivate eiitei']irise. slnnild be undertaken by tlie 
State, and the liistorv of the oyster fishing of (dnru'cliciit and Rhode Island, as well as that of 
KraiK-e. shows that oyster cult lire can saf(dy be intrusted to the ])rivate interest of the oyster 

farmers. 

We, therefore, bidime that tlie oyster ])ro])erty of th(> State slionld be put into tlie hands of 
[irivate fanners, but there are many reasons why this should not be done immediately. 

In the first place, it is impossible to state, at pr(>s(uit, M'itli any accurac .-, what is the valine 
of lliis property. The money value of the oyster bott<un of our bay is very great, but no one 
can say exactly how gr<>at, and as the State should not part with the public property without 
a pi'oi>er r(>turii, we do not advise the sale of any considerable amount at present. 

In the second place, our own people have, at present, little practical experience in the 
luctliods of oyster farming, and are not yet prepared to engage extensively in the business. 

We, therefore, believe that it will be Mdse for tlie State to set aside a tract of oyster bottom 
as a State ovstev farm, and to repleni.sh and restock it, in order to exhibit to our people the 



I :!•■) 

value of (lystcr j'ariniii,--, and In y-isc Id tliciii an oi-iiurtmiity to witness tln' metliod- oj' workini;- 
and (lie practical rcsnlts, and also in ordci- to obtain a iiiorc exact and d(>finit(> estimation of tlie 
\a Ine of our oyster bottoms ])er acre. 

'i'lie estalilisJiment of sucli an oysler-fai-m will HMjnirea lari;-(> investment of i-apital for a, 
yearortwo, but a system of tlioronu'li cnlti\ at ion for a term of live or six years, could l)ema,deto 
relm-n this investuieid, l)esides yieldiuffa .i^Teat quantity of oysters for tlu' use of tlie public. 

Ill another jiart of this rejiort we luive recommended tluit certain districts be (dosed to the 
public for a term of yeai-s. toiiive the oyster beds a rest, and to allow tliiMii to become replenished. 

We recommend tliat one of IJiese districts, the one described in another pai't of this re])ort, 
of Oistrict Ninnber l'"our. be se| ;ii,:ii-t a> a State < )yster Farm, and tliat an Oyster (Jommissioner 
or ( )yster farmer be ainiointed lo restock and cultivate it at tlu' public e.\])ense, for the !;-ood 
of the imblii/. M'e i-ecommend that a lioai-d of State Oyster 'JommissioiuM-s be estal)lishpd, and 
tlui-t it consist of three jiersons : the Connminder of tlie Fishery l'"orc(>, the ( "omptndler of the 
Treasury, and a thii'd commissioner who shall be api)OJntrd by tlie ( iuvernor, and who .shall 
luive immediate (diarii'e of the()yster I'^arni, and that the l)oai'd of State Oyster Commissioners 
shall act under his direction to restoid-; the farm, and tluit they be reipiired to emjdoy all infans 
known to them for tin's jiiirpose. 

'I'1h> area aliove described is only a >mall ]iart of the wlnde bay. but we lielieve tluit it will 
be much wiser for tlu' State to devote all its attention at present to the attenijit to tlio roughly 
replenish a snuiU area, wliicli can be ke])! under dir(>ct siij^'i'vision, a?id we have therefore 
s(dected the district which immediatidy adjoins Anua]iolis. 

This district is suuill enoimh to be mana,i;-ed. and an e.\|ieriment here bir live years would 
prove w]u>t]ier it is wm-tli while f v the State to undertake tlie task of reidenishing- the whole 
]Jay, and it would show lhei-o>| of such an nmlei'takinii-. the ri'lniai whicji miudit be expected 
from it ; and it would also demonstrate the l)esl metliods. Three years would ]>robably be loni;- 
enou.yh to show how nian\- oysters had Iieeu j-aised u])<ni tlie oystei' fai'ni, and similar measure, 
could then be employed u|>on a moi-e extensive scale if sucJi action jiroved advisable. 

We h.-i ve recomnuMuled, in anothei- place, th.at laws be enacted to compel the return of o\ster 
sludls to the bay, and this nH'a>nre will serve to increase the jiroducti vene.ss of our watei-s, to 
some e.xtent. althoiiM-h we cannot exjiect from it the y'ood effects which will follow throuudi 
cultivation, niuler eflicient and constant sn]ier\-isiou. upcni a limited area. 

As soon as the State farm !•- fully sjoidied with marketable oysters, wJiich would prol)a,biy 
lie in about three sinisons, it should l)e thrown open to the public, but a re( ord should be kejit of 
all the oysters rennived from it, and it should of course be made to jiay back into the State 
Treasury the money exjiended in cnlti vatiiii;- it. The best method of doinu' this is to collect a. 
tax (say five cents a, bushel i uiion all oysters taken fi-oui it. and the method of col lee tiny- this ta.x 
:sliould be determined l>y law before the f;ii-m is opened to the ]Miblic. 

The reveniu:" from tiiis source would show wlndher it is e.xi)edi(Mit Wiv the State to continue 
the business on a laru'er scale, but your commissioners b(dieve that the truep(dicvis b>r the 
State to do only enouu'Ii in this direction to instruct our iieojde in the methods to be employed, 
and that the whole matter should then be left to lu-ivate enli.'rjirise. 

The history of {'"renidi oyster en It ure is of jeryyreat iiderest in this coimecfiou. Nearly 
twenty-five years a.^o tln^ French u'overnment undertook the cultivation of oysters in ord(>r to re- 
stock the exhausted beds. The government farms wereat first veiy successful, and they not only 
Ijroved that oyster farminu- ii very profiteJde, but they also served as a sch.o(d bu- the instruc- 
tion of the ])Ublic in the nu'thods of oyster culture. i'liis example was followed by jirivate 
cultivators, and the private imlustry upon the Frpn(di coast is now in a very jirospr-rous con- 
dition, but a government rejiort (Oyster Culture in Morbiluini ujion the subject in 1S7J contains 
tlie statement (hat "the wor^i mer(diauf in France is the State." 



Tliis ri'pDi-t >]iip\\> -11 clearly the urcat siiiJiM-iorlty in cNrry respect nf private enterprise 
over goverinneut inaiiaueiaeiit that we ])eg leave to call attention to the following extract : 

•'('oste (lid not (loul)t the resnlt ; failure seemed to him almost impossible; he foresaw tlii' 
complete transformation of the sea-coast, and exclaimed, in his letter of March 21), ISCl, to the 
Emp)eror : "1 tliaidc your Majesty for having placed me in the front raid<s t)f the greatest 
tfuterjirlse of the age, in connection with animate nature." Attempts were multiplied, but 
pi'ogress and success seemed more and more retarded and lessened in the course of tinu\ 'l"he 
bay (^f ."saint-lirienc was swept by a tempest. At Arcachon discouragement seized uimn those 
AvJio, in the Ijeginning, were most enthusiastic, for little oi- no ^jiawn was ccdlected. ('oste 
heard the name of charlatan sounded in his ears; his work was ridiculed even by those 
Avhom. in the expectation of suci-ess, he had loaded with favors, and (Uir modern .Ulienians ^^•ere 
lavish in criticisms, in wliicli ludther sarcasm noi-])itteruess were spared, l-lnfeebled liy his laboi-s 
and deprived of siglit, ('oste struggled on. He hoped against all hope, and maintained that the 
application of his principles would even change tlu> social conditions of the sea-coast I'ommu- 
nities. His views were met only by incredulity. He died at his post, de.spondent, greatly 
di.sconraged, and to the last hour misnmlei-stood by that multitude, who treat witli contempt all 
great ideas which do not nn-et with immediate success. While otliers were occupied in 
criticising, a few men labored faithfully, and in a few years, betwei'n ISil.s and 1<S7"), the 
production ami cultivation of oysters made remarkable progress on the shores of Morbihan." 

'■ Principal cansf uf tlt^' fdihire of Coslt. — It is evident to all that, in spite of the scientitiic 
knowledge, the zeal ami the labors of Coste, his attempts, so far as regards commercial results, 
were radically fruitless. Nevertheless, he had at liis disposition apparatus, boats, auxiliaries as 
intelligent as devoted, and also, to a certain extent, the resources of the public treasury. Still 
the reason is very simple. That impersonal being, called the ."state, is incapable of creating any 
industry. It sutliced to relincpiisli oyster culture to the culturists, who, although intelligent 
and well informed, are, in the majority of cases, neither savants nor academicians, to insure 
success, where only failure had been predicted," 

" This is because the State lacks that powerful lever called imlividual interest. .\n occnpa- 
ti(ni is not possible unless an assured profit may be realized from it. I'he merchant alone can l)e 
certain of this, from a study of the markets and the demands of consumers. The poorest mer- 
cliant in France is the state. The State has quite anotlier part to play. Charged with the pro- 
tection of all, it canimt descend from this elevated sphere of general usefulness into the arena 
Avhere opposing interests are contending — an arena which it always leaves defeated and often 
injured. 'l"o ;il)andon its reserve and endeaMU-, by taxation, to create a national industry is an 
act of socialism, generous, perhaps, Imt from which others will derive the benefits." 

" Naptdeon IH. in his youth, had a passion for studying these ipiestions, and sometimes 
lent an attentive ear to these grand socialistic theories; this was why Coste obtained so much 
support from the Emperor. Led away by his own ardor. In- did not notice that lie was gliding- 
down a fatal slope, and that he would fall at last, in .spite of all his ert'orts. H', instead of going 
to the Tuilleries, he had addressed himself to an association of capitalists, or to the trade, who 
could have participated in his confidences, then oyster culture, disenga.ged from the shackles of 
Hie state, would, from the beginning, have taken, a higher stand and progressed with surer steps." 
" We do not wish to underrate the importance of the part played by the state, for we are 
going to appeal to its aid in another matter ; but we think it should be well understood tliat 
the two domains, of industry and of government, are totally distinct. By confounding thenu 
powerlessness replaces fertile ett'ort, and the most important work is crowned only with 
failure." 

" We do not wish, in any way. to diminish the gratitude due to tho.se, whether functionaries 
of state or others, who have labored for the creation and development of this industry; but we 



l:!7 

fee] the iicrc>>ity (if pnn-l;! i mi ii.^', in ;i ccrfaiii nicasiirc llic < niiii i pdl riicc and \ iti'ilancc nt 
individual iiiliTcst. Wr liclicvc tlia t. inilnicd witli tliis t liou.uld , tlir inildic administ ral imi 
Avoiild (h'sii-c, even inoiv in tlic fiiliirt' I liaii in I lie past, to i'vi't' from fettcfs a nd ol)starlc< tlic 
]iatli\vays alont;- -wliirli this indnstiy must ino\c, in ordi-i- to attain a hiii'li dc^Tcc of prosjicfit y." 

it must he ])lain to cvci-y <uii' tliat our liopr for an aluindant snp|d\- of oystrfs in tlic future 

must rest iiijoii the tiTOwth of a iii-i\ate fariniu-' industry, ratlu-r than \\\ State aid, and we 

i-(une now to tlie (juestion. wliat shall he (hme to eueonrai^'e ]ii-ivate oyster rnlture'.' 

We ludieve tliat the tidx a utay-es. to our w hoh' ])eo]de, of a, thoi-on,<,;-li system of cultixation, 
are so \ei-y >;-reat that they should o\ crhalanre every other eoiisiderat ion, and we also Ixdiexe 
tliiit any jierscin wlio wishes to en u'a^'e in this imsiuess sjiould ]ia\c his path ma(h' as easy a~ 
possiljh'. 'I'Jie ipiestion of imnu-diate re\enue to tlie State is a very secoiidarx' consideration, for 
the dev(doiinient of (Uir oyster farmiuu' industi-\ \\dnld im-rease ilie [)rinu' -source of re\iuiue, 
productive real estate, and the whole c(unmuuity would ultimately reap tlie benefits of tlie 
taxation of the oyster farms. 

The chief dan^-er ^vhich i-^ to he avoided if- the nmuopolv hy a few pei-sons of the oyster 
area, and tliis dan,i;-er can he avoided hy i^-raidin-- to any resideui of Marylaml who wishes to use 
it. a small farm for oyster culture. 

The law known as the --tiNe acre law." uises to any re-ideiit. the riuhf to appropriate li\e 
acres of ground, wher- there are no oysters, for oyster i)lantinu-. The holdei- pays nothing- for 
tlie riu'ht ; he receives no title fi'om th(> State, and lie pays no taxe-^. 

W'e i-econiiuend that the State i;-i\e to each holder of land under this law, a lease or title, 
like a, title to real estate, malcin.i;- it his forever, so that he can disjiose of it t>\- uioi-t,i;at;'e it to 
obtain the necesssary capital for cnltivatiiii;- it.and that the nominal fee of one ihdlar p(U- acre be 
cliaru'ed for the lease. We bidieve that it would he wise to i;-rant this pi-iviley-e to all jiersons. 
re^<idents or non-residents, but we leave this sub.ject for future consideration, as well as the 
question whether it is wise to permit one pin'son to hold more than five a<'res hy ])urchase from 
other holders. The title should b<' made as absolute and un(pialified as a, title to real estate. 
hnt we have not made it so in the l)ill which a<'comiianies this rep(.)rt, since many points can i)e 
discnssinl and settled at S(une future time. 

We believe, and recommend, however, that the law should be amended in smdi a way as to 
jiermit any resident of the State to apiiro]iriate his five aci-es, whether it coidains nalui-al 
oysters or not. 

Our waters are so fasorable for the growth of oysters, thai tlieiT is scarcidy a spot where 
some oysters have not, at some time, existed, and, in the ab-eiice of all surveys of the oyster 
area, we believe that the i-estriction should be removed. 

If public sentiment condemns this course, the next Ix'St jdan is to construct, as (pii(d<ly as 
possiljle, from actual surs'eys, maps showinii' the ai'eas which ari' to be Ici^-ally rei;-arded as 
natural beds, and to jiermit private oyster culture on all other ai-eas. 

This would delay tlie establisiiment of private farms for several years, and it is therefore 
only named as a second resort. In (uir State the oysters are so widely distributed that it will 
be extremely difficult to decide wliat is to be re.ii'arded as a natural bed; and we have shown. 
in another part of our re])ort, that the area of (mr beds has been greatly increased by the ai-tiiui 
vf the dredgers, in breaking up and scattering the (dusters of oysters and sludls. 

The limits of a bed are thus (dianged from year to year, and tlie only way to decide w hat 
grounds are to be reserved is to designate certain areas as natural beds, within the meaning of 
the law. 

The natural oyster lieds of (onneticnt are few in unnibers and sharply defined, comjiai-ed 
with those of our own State, and they cover, according to the most libei'iil estiniat<'s, less than 



*'i.t;-]it sijiiarc miles all toKl, whili- mir uwii iiatiu'al l)i'd> r-over liundreds of s(|uare miles, yet the 
Comiecticut ( )\>t('r ( 'nmmissioners Iiav e.\])('i'ieii<'(Ml great difRculties in their attempts to de- 
termine wliat ai'i- til he reganhvl as natural beds, and they have given the following account of 
the iiei'ple.xiug nature of the subjecl : 

" In the discharge of tlieir duty of exjiloring and niajiidng natural beds, the (Jommissiouer.s 
"have e.\|i(M-ienced no little diHicnlty. (ireat difference of opinion exists as to what Constitutes 
" a na!ni-al beil, wliile the testinumy as to their size anil ^hape is contlicting and hirgely untrust- 
'• wiirthy. No ]iains haxc beensiiared to seciii'e all the iid'orniation alxnit the beds tliat was 
"possible. A\'hen a liearing was agreed ujion, due public notice of tlu' time and place was 
"given, so that all who desired could be heard. The ]dace for the hearing was selected with a 
'• view to the convenience of the witnesses rat her tha n of the ( "<unmissiouers. Parties a])peared 
" not only in person but by conu.sel, and an exhaustive examination was had in every case. The 
"Avitnesses were generally divided into two (dasses — one consisting mainly of those whose work 
" was confineil to the natui'al beds, and the other who may be classed as oyster growers. The 
" former sought to make the natural beds as large in extent as jiossible. while it was for the 
" interest of the latter to so restrict them as to leave ]iortions thereof open for designation and 
" cultivat inn, fur m liich jiurpose these and adjacent grounds are very valuable." 

■■It is the oltvions design of the law that the natural tieds shall be ]u^eserved in their 
"iMitirety for the use of the puldic ; hence the law nuik'es the ('nmmissioners ]ial)le to severe 
" jieualties if they l<nowiugly make grants which encroach uiion them, and siicli grants are 
" a bsolut<'ly \did." 

•■ Sucli being the fai't, it becomes an imjioi'taid iirelimiuary (pie.-tion, ivhat. acciirding to the 
■ intent of the law. is a natural bed.'" 

■■ \'ariou> definitions luive been attempted. In one sense, all oyster lieds, wlndher tlie i-esult 
•'of cultivation or of accident, are natural beds, lint it is not in this sense that th(> term is 
" commonly used ami understood. To ipiote from hist year's rejjort. ' all grounds of any consid- 
" erable extent, under water, which are found oversi)read witli growing oysters, are generally 
•• called oyster beds. Tliey are artiiicial or natural. Those designed and planted by man are 
"artificial beds; all others are natural beds, aiul tlu'y are fornu'd by sjiat f rom othei- beds, drifted 
■■ by winds and tides and dejiosited upon a bottom suitable for its adhesion and growtli." 'I'liis 
" definition is coi'rei-t in a gi'ui'ral sense, but it does not accurately describe the natural biNl 
" wliich the law designs to recognize ami protect. Small isolated ])atches of natural growtli 
'■ oysters cannot lie deemed natural beds within the nieaniiigof the law ; luit when sucli jiatches 
" are found scatttu-ed over an extent of ground in siitticieut abundance to remunerate the oyster- 
" men. a greatei- or less luunber of years in succession, for the labor of ga-thei^ing them, there is 
"such a natural oyster ])ed as the law recognizes and pi-otects." 

"This is substantially the idea of those wlio lun'e labored on these be<ls for many years. 
" 111 their testimony before the Commi.s.sioners, a natural oystei^ bed with them was an unculti- 
"vated bed where tliey could find oysters ■in paying (juantities,' where they could do 'a, fair 
"day's work,' and this view is sustained by legal authority, lly the laws of Maryland, no 
•• nalural bar or bed of oysters can be designated. A case arose in Dorc'hestei' county involving 
" t he construction id' the term ' natural bed.' Aftt-r an able discussion by counsel, .fudge ( liarles 
" v. (kildsborough dtM-idcd as follow.--; -There are large and numerous tracts where oysters of 
"moderate growth may be found in moderate uumliers. but not in (piantities sufficient to make 
" it profitabh' to catcdi them, and yet where oysters may ln^ successfully planted and projiagated. 
'• in my o])iuion. these cannot be called natural bars or lieds of oysters within the meaning of 
•■ 1 he acts of tlie Assemldy, and it isjust such lands as these that the .State meant to allow to lie 
"taken up undei- ihe jirovisioiis of the act. Itnl tln're is still another class of lands where 



130 

•■ oystci's L^Tiiw iia t mil 1 1\ iiiid hi lai'^c tiuanli t ic^, ;nii1 In whicJi 1 lu' piililic ai'r now, a iid lia \ i- Iummi 
"for many y('ar>, in tlic Iia1)i( of resort iii,i;- witli a view to caniini^-a livi'liliood by ra t I'h i ml;' this 
•' natural ,ii'i'<'\vtli, and Ihtc, 1 think, is the trnc test of tin- whole c| nest ion. r,and ran not be said 
'• to be a natui-al oyster bar or bed nier(d\- beca nse oysters a re sea tiered here and there upon it, 
"and because, if j)lanted. I hey will readily li\e and thrive there; I111I trlic ri'rt' r Ihf iKifuinl 
" i/rcirl/i is SI) lliick (I ml iihii in/(i III I hit! Ilir finhlir ri'snrl In il J'm n I i n-l iliuuil. 11 is a iialiniil 
•• liiir iir bed. u ml runirs irll/iin lln iihnrc <iiiuli'(l ri'sl rid Inn in llii- lair, (unl i-aiiiml hi- Im-iilnl or 
•■ a pjiriipridh-il lnj an i m/i riiliml .' The lasl lines are italicized a- conii>i-ehi'nd i nu' the true 
'" lei;'al delinili<in of a natni'al bed." 

'•.\n(l yet to detei-niine at any Ljixcn limi' what ni'ounds a re to iie considered as fairly eiii- 
"bi-aeeil within a natural bed i> not an easy matter. If 1 hey wei-e nnifornil\- |)ro<lncl i\ i- 
" t hi'oui;hont their eiitiri' surface, and thi> without \firiation> fi-oni yeai' to yea i'. t here would 
•• be no difficulty in deterin iiii ni;- a nd inaiiiuuLi' t hei i- out 1 i lu's. lint this i> fai-froin beini;-|he 
••facts, 'fhe (lysters y-row in jiatcliesand streaks on the natural beds, with i nterven in.-;- bai'e 
•• s])ots of largei' or smaller area. What are barren si)aces tliis yi'ar m.ay be covered with oysters 
•• the next, and so the bed nni \' bi' I'ont inually e]iau,^^iii;u'. .^till t he (dianycs a re always within 
•• cei'tain limits, so thai the L;-em'ral a i-ea and outlini' of the bed is |n-esi'i-\'ed. To ascertain fJiis 
•• .li'cneral ai'i^a and (Hit line t\\o wa\> are open — oiu' to examiiu' tin' bed by careful di-e(li;iny, and 
" the otliei- by takiinr the t<>stimouy of tliose wlio lia\c 1(Uil;- been eniiiloyed in ucttini;' oysters 
'• from it, .Most oy>ter]nen dredge over a bed by followiuL; on lines raui^inir with objects on tlio 
•■ sliore. Some ha\(' oiu' set of i-anires, some another, but when the rauL^'es of a u'l'eat number 
■• ai'e conil.)i)H'd the L;-enei-al outline of tile bed is ;ii)]iro\i mately deleianined. It i^ cleai' that 
•• fi'om the irre.utilar streaks aiLil patches wliii-li tou'etliei' makeup a natural bed. 110 uiiifoi-ni 
'• lines are likely to be fouml alony- the edy'es of the Ijed. but they are necessarily sinuous and 
•' bi-ol\en. ami they \ary from year to year with the chanu'es on the bed. ( onseipiently an e.xaet 
" delineation of the outline of the l)ed as it actually e.vists is not only im|ii-actica ble, Imt in a 
'■ very sliort time it would be incorrect. 1 rreu'uhir lines, too, could not readily be indicated bv 
'•buoys ; and it Avould be e.\t remely ditli;-ult, if not i ni possible, foi- 1 he oystermen to keep within 
'• the limits of the bed. Ily adopting arbitrary boundary lines. whi(di are aiijiroximately ti'ue, 
'■ these difficidti(_^s were overcome and u'reat advauta.^'es se<'ni'ed. These lines are so chosen tliat 
"the entire natural bed is enclost^d by straii;dit lines, each of which rani;-es with some jn-ominent 
•■ ol)jects on tlie slnu'e, so that any one can readily find the bed, ami wIkmi working;- upon it can 
■•easily keej) witliin its limits. The ( 'omuiissiouers respiM-tfully recommend that tlie outlines 
••flius imliciited be confirmed and established l)y law." 

■• .Sometimes, Init not <iften. natural beds become exhausted by overfishim;- or fi^om otlier 
■•causes. 'I'lie statute of IS.si provides that desiiiuatioiis may l)e made within ai'eas which have 
•■ not lieen natural clam (U' oystei' beds for ten years. Sevtu-al ajiidications have l)een made for 
■■ li'rounds within areas which were formally natural beds, but wliich are alh'u'ed to have been 
'■ unjirodiictlve for the jieriod named. In all these cases the e\ idence was so contradictory 
•• that n'rave doubts iierple.xcul the ( 'ommissiom-rs as to what tlndi- decision on^ht to be. ( )u 
•• the one hand, it was iiru^ed that the evidence was jiositive tliat the i^'founds in (piest ion had 
■■ lieen iiayini;^ natural beds within ten years, and until th(> full e.xjiirat imi of that i)eriod th(> 
" (Jommissioners were bound to protect IIumu ; tliat as it was jiossible tliat tliey miu-Jit at any tinn- 
••become ]>roductive, it would be unjust to dejirive the ]H^o])le of tluMr rightful enjoyment. ( )n 
•• the other hand, it was as i>ositively asserted that the beds had been barren lor more than ten 
•' yeai's, ami the applieants consecpiently had an undeniable i-iu:ht to a u'rant of such ^-rounds ; 
•■ that they ont;^ht to l)e designated to the oyster trrower without d(da.y, so tliat the Stat(> miu'lit 
•■ reap the lieiiefit. not only of the imri-liase jirice. but the -.till irreatei' advantaue re^iiltiiiL:' from 



]4n 

" ail exleiisii_)ii oi aniiirial IjciIs, wLci-cliy they would make jn-oilnclixc ami iirolitaltlt' what were 
" iiiiw \\'ast(' jilaces. A pPi'Sdual cxainiiiatinn of s<nar nf tlic grounds, with the assistance of 
" experts in di-ed.ii'iiig, tended stronj^b" to confirm tlic assertion of the applicants that the 
"siToniHls were not only at the present time barnni, but tliat they had l)een so for some years. 
"Still the testimony to tlie fact that quantities of natural oysters had been repeatedly gathered 
" tluM'e by mimerous jiarties within seven or eight years, constrained tlie ( 'ommissionei-s to 
'■ reject sucli applications. 'I"he lettei' of the law retpiired tiiem so to do. And yet it is believed 
" that some of these grounds have really l)een worthless for seven or eight years, and (here is 
•• not tlie slightest probability of any cliange for the Ijetter. C'onsideralde territory is thus 
" jdaced Ijeyond the disposal of the Commissioners, which otherwise might l)e sidd Avithont 
" detriment to any one. A change in the law is therefore^ desiral)le. it is recommended that 
"the jieriod sliall l)e i-edui-ed ; that the Conimissiont'rs shall l>e authorized in their discretion to 
" designate any gronnds for cultivation A\'henever they have been found unprodnctive for a 
" period of five consecutive years, provided they deem it best for the interests of the State so 
" to do." 

The Connecticut policy will be seen to be that of waiting until an area has been so over- 
fished that it ceases, for ten years, to be valuable': but it is snndy unwise to wait until property 
is completely ruined before adopting a remedy. 

We therefore believe that one of two steps should be taken imnn^diately ; the natnral 
l)eds sliould be thrown open to pi-ivate cultivators, or else the limits of the natnral beds 
should be established l)y law, and all gronmls outside these limits should be made available 
able for private culture. 

As thus modified the five-acre law would provide for all persons wlio wish to engage in 
oyster culture on a small scale, and near the shore; but deeji-water oyster farming cannot be 
carried on upon a small scale, as it reqnires an expensive outfit and the investnu'ut of great 
sums of money. 

We therefore believe that in addition to the live-acre law, laws should be passed to encour- 
age deep-water farming. 

This has been done in Connecticut, ami Kliode Island lias very recently taken the same 
step. An acconnt of tlie Connecticut laws and methods is given in a subsequent chapter of 
this report : but although this is very instructive, we do not recommeiul the adoption of the 
Connecticut plan. 

hi ('onnecticnt and Rhode Island any resident may obtain an unlimited area for oyster 
culture in deep water by the payment of igsi i)er acre. 

The industry is exjiosed to many accidents, and the marine enemies of the oyster often 
destroy a whole crop in a few hours, and it was therefore thought best to foster the growing 
industry liy furnishing laud at a nominal price, and to look to future taxation for a return to 
the State treasury. 

In our own waters there are few enemies to the oystei-, and oyster fiirming would be exposed 
to few accidents. There can be no doubt that all our grounds are very valuable, and Ave there- 
fore believe that if large areas are sold for deep-water oy.ster farming they should not be sold 
at a nominal price, but for their actual value. 

It is iuApossible to state at present what this value is, and Ave tlierefore recommend that a 
small area be selected, and that the right to cultivate oysters upon the grounds Avithin this 
area be s<dd at auction. We also recommend that the district Avhich is In-reinafter described as 
district nnmlier six be set apart for this purpose. 



cilAI'TKi; Vill. 

i; i.Miic AM/, \'i iMN ny iii|.: Staii; 1''isiii;i;\" I'mtci:. 
[Siilisl il nlf l/iiii'I'dr Di'iiii rl iiii'iil '//' ///'' < hisd pi'itki^^ 

Si/ it<ips!s. — ()ui' olistTv at inn ilin'iiiu' llu' iiinntli ot' Novciiilirr of |.ss-_', and iiini-r i-i'cciil 1 y 
duriiiy the months ol' ]\Ia\', .luni'. .Inly and Anu'iist, of iss.;, and int'(n-matiiin we arr pd^sc^scd (if 
as to tilt' (lualitication of the i-oniniandcr and suhoi'diuati's of the State I'lslicry Fon-c, is of sndi 
an ubjt.'ctionable i-liaractiT tiiat \vc havr con-^idi'i-t'd it urccssary to i-croinincml (dscw'ln'i-c a nuirc 
perfect ori;-arLizatioii of its po-sonncl. 

Tile (■(iiiidnsions \vr have arriscd at, as Id tlic rcoi-iiani/.at ion of flif State I'Msliery force and 
wliat may he tlii' resnlts tliei-efroni, ai-e considered (dsewliere. 

Tlie substintion of steam pro]>ellei's for the sailini;' sloops, will secnre a protection to 
oyster l)eds ami oyster farmint;', that can be realised, pro\ided onr i-ecoiumendatious are lawfully 
enforced by legislative acts ami by the stdectiAit of a commander and subordinates of nantical 
intelligence and experience. 

The surveys of water lots for oystei- farms can Ih/ c(n'rectl\' made .only Ijy such [lei-sons as 
are familiar with the use of the sextant or circle for measuring angles, and the solution thereof, 
and such duty should be jierformed by the couimander i\nd otlier oflicers of thi' I'^ishery I'orce 
at no additional exjiense to the .Stale. 

An aiiprojiriation of money ]jy the Legislature is i-econiniended (dsewhere for- the -.nrs-ev 
and equipment of the steam jiroj^dlers. 

Tlie manuei' of selecting oflicials for c(mimissions in the !State fishery i'"()rce and the 
inducements to secure good and desirable pei-stms to serve, ai-e treated of elsewhere. 

Be if eiiarU-d. h;/ t/it Semite ami Ihnise af Deleijulex a/ Mari/fd ml. That on and aftei- tlie 
(lay of next the fcdiowing rules and i-egnlatious be adopttvl and put in forni foi- 

tlie government of the " Dejiartmenl (jf the Chesapeake:" 

Aktici.k 1. The commanders of vessels are strictly enjoineil a nd recinireil to be vigilant in 
discharge of their duty, obedient to all tinlers emanating li-(un Iheii- coniniandin!;- officer, and to 
guard against and suppress all dissolute practices. 

AuT. •-!. Any officer or other person who shall be guilty cif drnnkemiess, neglect of duty, 
disoljedience of ordin's, or any scandalous conduct tending to the destruction of gO(_)d moi-als. 
sliall. if an officer, be dismissed tin" service by ordei' of the (iovernoi- f>f the State. 

]!y the coni]iti'oller's report there are in the State tirasury to the credit of tlie oyster fund 
§;2.'i!),ii4i!.40. I'>alaiu'e September ;;(), j.ss;;. W'e recommend the building of five (."ji additional steam 
propellei- vessels, and we would suggest that they can be more cheaply linilt in the agyre^'ate 
than singly, A sum of .^2(K),000 should be appropriated out of the oyster fund or any other 
money in the treasury una])propriated, and as much as nia\' be required thereof should be 
expended in [iayim>nt of the in-o])ellors and their e(iuii>ment ; the hulls to be ■■composite" t'on- 
struction and built in the strong(\st manner and of the best material ; to Ije schooner-rigged and 
furnished with ■Mlerrshotf's im[iro\-ed couqxmud condensing engine and latest type "llerrsliol!"s 



142 

;)Mti'nt safety boilt-r. TJiosc ongiiies and ln)ilprs are in the market — same as Teeonniiended by 
the lioard nf Tiiited States Xaval Eii.i;''neei-s. All nut-board luetal. such as screws, rudders, 
steriibeariuy and shoe, to be (if the b(>st bronze. The in-opellors to make a speed of twelve 
knots ]ier hour before iiceejitance, and tn he eijuipped (each) witli two quarter boats, two bow 
anchors and (duiins; sails, ri,i;-ii-in,u', awnings and awning staindiious of iron pipe, and all 
engine-riioin tools, and to be fitted -with one brass howitzer each, weight not to exceed 500 lbs. 
l'rop(>l]ors. while liuilding, to be nnd(>r the snjiervision of .State authorities, and examined after 
built for acceptance. If the vessels are accejited by the State authoriti(>s the Iniilder shall 
deliver them at .\nnaiiolis. and each boat to be jiaid for when delivered. The size of the steam 
iniipellors shall be in dimensions as foll(n\'s: 

Two D.sft.xlTl ft.xS.i ft. dee]); draft of Avater al)ont i; ft. 
Twc 110 ft.xbs ft.xSl ft. deep; draft (^f Avater ahont (; ft. 
One b^.d ft.xL'o ft.xjo ft. dei'p ; draft of water about 7.1 ft. 

■|"he proixdloi- of b'lofeet length to lie fiirnisln^d with a steam launch for surveying and 
other purposes. 

The vessels should be ei|iii]i])ed with aiijdiances which I'onld easily ami (juickly be brought 
into active use in every i-nu'i-gency for ]irotection against accidents incident to nautical exposure, 
rendering the vessels cajiable of jirotracted cruising in the Chesapeake Bay in the execution of 
a duty which should be conducted with diligence, intelligence, activity and firmness, especially 
t-lurl inj ihc iii'jlit time -Ai^ wvW 'A^ din'ing the daytime, it is during the night time juarauders 
reap their g(dden harvest. There is nothing in the present orga.nization of the "State Fishery 
Force " to recommend it to genei-ous or honorable cousid<' atiou ov to stiinidale the ambition of 
its iiersonnel. The officers and crew art^ selected for jiolitical considerations, ami patronage 
coutiimes during the jiolitical usefulness of said officers and crew l)y a nui.jority vote of the 
'■ Hoard of I'nblic "Works." Thi^ forc(^ can never lie useful in protecting the oyster beds, Avitliout 
Ix'ing made efficient. ,\n iidelligent reorganizition is the only hope, while under the present 
control it has gone fi-om bad to M(u-se. Three good generals are worse than one bad general. 
The (Joveruor. who is made by the Constitution of the State the commander-in-chii^f of the 
military of the State, should have control of the "Department of th(> Chesa]ieake." The Ca))taiii 
fomnianding the ■• I »ep;irtnient of the ( 'hesap<'ake "' should be, to the lv\ecuti\ e of the State, like 
the .Vd,iutant-<ieneral and ii member of the (iovernor's statl'. The Cajitain commaiuling the 
•■ I)ei>artment of the ( 'liesaiieake," should lie an exjierienced seanuin of ])i-ofessioiuil and educa- 
tioiiiil (jaiilitications. and he should be commis~.ion(^d by the (iovernoi', by and with advice and 
consent of the Senate of the State as Cajitain or ( (unmissioiuu- commanding the "Ikeiiartnieut of 
the ( 'hi^sajieake," aiul siiid couunission shall be for life or during good Ixdiavior, and all persons 
selected fm- their (pialifications to fill official positions, should be also commissioned by the Gov- 
(M1IOI-. by and with th<' adviee ami consent of the Senate of the State, and the so commissioned 
officials shall hold theii- commissions for life oi- during good behavior. The Governor should 
select an expcn-ieuced engineer of educational (jualifii'ations, Avho, together with the Captain C(un- 
manding, shall constitnti' an examining board, before whom all c;iudidates seeking official posi- 
tions must r(>poi-t for examinations. Said examiinng l)oard will make rec(unnnuidations to the 
Covernor of all wlio luive been examined, within the time provided fVu' said examinations, for 
the ( loverniu-'s action ; and in the altsence of the Senate the ( ioNcrnor can issue <'ommissions, 
subject to the apju'oval of the Senate in session. As imlucement to good conduct ami faithful 
observance in dis(diai'ge of all duties ]iertaining to offic(>rs, jironnition in tlu' sei-vice of the 
" Itepai'tment of the ( 'hesa]ieake," should lie established l)y laAV, and whenever vaciincies in (he 
higher grades occur, those officers of subordinate rank who ha^e shown ajititnde, zeal and pro- 
fessional (jualification in performance of duty, sliall be promoted to fill said vacancies; and when 



I J.'. 

oilier vacancies occur in the lower tiTades of oflic<^rs, micIi vncaucies may be iilled liy aii\ of tli(> 
crew wlio are found (jualified to fill said office. Sucli laA\'fiil jirovisions \\-oul(l ele\ale tlie ser- 
\ice, cost tlie State no more money, and it would command tin' best talent and iut(dliL;'em-«^ 
amoni;- tlie seanu-n ami eiis.;im'ers, and the Stale would I'eaji a solid benefit. 

t'urthei' (U-i^-ani/.ation snu'u'ests tliat any otlico' guilty of insuliordina t ion. uei;lect of dut\', 
drunkenness, dis(jualificat ion> from any cause whatever, or conduct lendin.ti' to tin' destrui-tion 
of u'ood morals, shall be dismissed the sei'v ice by the ( iovernor ; an\ ol her jiersons yuilt\' of anv 
of "the al)ove irretiMilarities, abu-^e- or offences maybe dismissed the service by the cajitain 
commamliui;', wlio shall invest ii^'ate all chari;'es and specifical ions to chari;'es, and if in jiart (U' in 
whole said charges and specifications to charu'es are sustained |)y evidence the sanu' shall be 
transmitted to the ( iovernor for his aci ion. 

A code of ni^ht sii^-nals should be introdui'ed iuordei-to facilitate the t i-ansmission of 
imjiortant intelligence to the commanders. A code of day si^Mials should be introduced for the 
same puriiose. All sailiuj;' vessels belnuii'iui;' to the "State l-'isliery force" '-hould be s<ild and 
no more of them slioidd be boUKhl. Ivxposiire t<i Ihe wintei- weather, nowhei'e mo|-e severe 
than on the (_'hesa]>(>ak(^ liay. especially after ni^'lit, is very seviTc (ui jieople eie^-a^'ed in this 
service, and in consideration thereof the salaries recommended a I'e ouly just if compai-ed with 
■other salaried officials of the State who are not sul).iected and exjuised to tlu' rii;-oi-ous orrleal. 
The State should ration the iiersomud of their service, and the cajitain comimindint;- should 
]'e,ii'ulate the commissary de])artmenl. •■The jiax-roll of each vesstd should be kejit at the 
office of the ()yster ( 'lunmissimiei-s ami the ofTicers ami men ]iaid there." 

The •• I)e]iartnn'nt of the ( 'lu'sapeake," under thi' snu'trosted i-eors^'anization, i-ould furnish the 
scientific and practical intelliuence reipiired foi- the sur^■eys of the oyster beds ami would aid in 
(he dev(doiiment of this industry liy c<unpletiuL;' the work in that direction that the .State could 
desire or development of (he enterprise reijnire. The officials makiiiu' the surveys would acijuii'R 
a knowledi^-e of the locality of the oyster beds from observation aml\vould m(u-e kn(Twing'ly 
perform the duty nf i)i'otection. Surveys could be done fi-om May to ()ctobei- in each vear 
uidil completed and duriuf^' the Aviider moidhs results ascertained. 

The State ( >yster Commission had the use of the llei'rslioff steann-r "The (iovernor W. T. 
Hamilton," and ("a])t. Waddell. who commanded hei' durin.t; the mouths of .May, .luue, July ;iml 
August, of the year bs,s;l. repoi-ts that hei- total consum]ition of coa 1 foi-all ]ini-poses jipi- mouth 
did not exceed five (5) tons. ^\^^ tluM'efore. fe<d it our duty to recomnu-nd I lerrshotf' s eni,''iu(3 
and boiler for the vessids indicated, to tin- exclusion of all otlnn-s. The i-enuirkable economy 
in fuel, (he safety from exidosion. the r.iiiidity in steaui-u'ettiutj make the boilers verv 
desirealile. 'I'he expense in coa 1 sujjpl.v is as ^.'>") to $]'20 ])er month, and in a few yeai-s tlie 
economy in consumption of coal alone will pay for the vessels. 

The captain command in.u' tlie " I)e]iartm(nit of the Chesaiieake," shall cause to be erected at 
ea<di sectional terminus, unless a natural or artificial terminus (wists, a. beacon, on which shall 
b(> inscribed the compass bearing- and "State Oyster Commission." 

The points indicated for beacons ai-e established by the latitinle and loui^it ude of siicli 
])oiuts and are here furnished ; 



141 



WEST fllDHK. 
Hac/uil'.t Point. 



EAST SHOKI'., 



Liililuilc 31* l:r :5U 
Lou 



Latitude 38° o!)' 

Longitude 70 ^0' 18" J' 

Latitude :» 04- 25 ' } ^/,„,„,,,, p^-^,;^ 

Longitude i(> ai ) 

Latitude 3S° 40' / .. „,,, ,„,, ;,,,,;. ,.•, r.;,,,/ 

Longitude 70 :i2 \ 

Latitude 38 43' 40" / 

Longitude 70- 31' 10" ) 

Latitude 3S 23' / p,rl„r.\ l'„>nt 

Lougitude (*)° :>0 4j \ 

Latit>,de 38°,32^ i n.ve P.int Lnikt. 

Longitude ii> ii 40 ^ 

Latitude 38 OS' 20" / 



Ui'lhind P.nnt. 



Longitude 70° III 
Latitude 3S'' oy 10" 
Longitude 70° Ui' 



) 



Poiid Xu I'uiid. 



P'Mhi L'i'jhoat. 



Liitituile 30° 13' 15" 
Longitude 70° 14 
Latitude 30 07' 20" 
LoDgituae 76 16' 30" 
Latitude 38 58 '30" 
Longitude 70 20' 15" 
Latitude 38 53' 15" 
Liiiigitude 70 21' 40" 

Latiti.de 38 47' 
l^ongitude 76 23' 

Latitude 38^ 42' 
Longitude 70- 20' 30" 
Latitude 38 31' 50" 
Longitude 70' 20' 45" 
Latitude 38° 25' 30" 
Longitude 76 17' 25" 
Latitude 38= 13' 30" 
Longitude 76 04' 
Latitude 38 02' 50" 
Longitude 76 30' 

Latitude 38° 07 ' 
Longitude 75° 56' 45 
Latitude 38- 13' 45" 
Lontritude 75 58' 



'- Creek Mitchdl's Bluf. 



Sicanii P'liitt. 



I Hroiiil Cnek, South Point. 



Xorth end Poplar hlnnd. 



Xorth Point Pair Paw C'-iv, 



:- James Point. 
{■ Vreek. 

- H'/opsr Strait /.ii/Zil/ionse. 
i Soloinin's Lump Li<jht. 
\ Little Island., 
t.'lai/ l.iyhtJiousn. 



Complement of Officers and Men for a 'M-fiof >^leam Vropeller. 



1 Comnianiler, at ^100 per niontli, per year 

1 Pilot and Ist OHieer, 70 " " 

1 Pilot and 2d Ottieer, 60 " " 

2 Maeliinists, 70 ea( U, " " .... 

3 Firemen, 30 " " " 



...$1,300 
.. 840 
. 720 
, . 1,080 
. . 720 



3 Seainen, at S25 each i)er iiiontli, per year ^OOO 

3 Boys, 10 " " " 240 

1 Steward. 25 " " 300 

1 Cook, 20 " " 240 



Fur W\-foot Strum Propetter 

1 Commander, at $100 per niontli, [ler year .$1,200 2 Seamen, at $25 each, per month, per year. 

1 Pilot and 1st Officer, 70 " ■' 840 2 Boys. 10 

1 Pilot and 2d Officer, 00 " " 730 1 Steward, 25 

3 Machinists, 70 each, " - 1,680 1 Cook, 20 " " . 

2 Firemen, 30 - " - 720 i 



. 1000 
. 240 
. 300 
. 340 



Complement of Officers and Crew for a V'^^-foot Steam 7'ropeller and .Lanndi. 

Cuminissiouer (.'ommauder of the Navy. — 

1 Pilot and l.st Officer, at $80 per month, per year $ 060 ' 2 Seamen, at $25 per month each, ijer year $000 

1 Pilot and 2d Officer, 60 " '• 730 i 2 Ord'y Seamen, 18 " '■ " 432- 

1 Engineer (Chief), 100 " '• 1,800 I 2 Boys, 10 " '■ •' 24ft 

2 Machinists 70 each, " " 1,080 I 1 Steward, 30 " " 360- 

3 Firemen, 30 ■' " •• 720 I 1 Cook, 25 •' " 300 



AVe would sii,nt;'c;st tlic siiittllci' stoiiiiipfs now in sefvice can lu' made efBciPiit l)y tlie followin.o"' 

changes : 

1 Commander, at $100 per montli, per year $1,300 | 1 Seaman, at $25 per month, per year $300 

1 Pilot and 1st Officer, 70 " " 840 I 3 Ord'y Seamen 20 each, " " .. 480 

1 Pilot and 2d Officer, 60 " " 720 1 Cook 20 " " 24(^ 

2 Machiuist.s, 70 each," •' 1,080 1 



CHAPTEi; IX. 



Tin-; MiNciini^ |;i;im]i;i mk \\m. 11i:m;^ I.ici;. 

*' 7'o tlir /hiliuiflltic till' Ci'lHTitl AxKriiihl ij uf M'<t i i/lil lid : '' 

'•'Vho iiiulersiii'iicd. liciii.i;- a mciiiljcr of tlic Stalf ()yslcr ( 'oiiiiiiissidii, nnd tuMiit;- unable to 
a.i^i'oe in all th(^ views ami siisi'ii'ejs lions as rejiorted by (he niajtirity of said roininission, Iteiirf 
leave resiKu'tfully to in-eseiit some \ lews in a minority feport." 

'• The undersi.ii'neil is not I'lilly in aecui'd with tlie majority rejiort in thelxdiet' 'tliattlie 
oyster liropei'ty of the Stale i< in imminent danucr of roni|dete dest i-iirtion." I'hisisnot liliely, 
unless we fail to g'ive the interot even ordinai'V care and la-oteet inn. Whilst in some loraliti( s 
the beds liave been ui'eatly depleted by overA\'ork. and in others destroyed, chielly in shallow- 
water tonging ground, the bi'ds and bars as a rule ha\-e liecn greatly enlarged by working them, 
and the quality of the (i\sters nundi im|iro\e<l if i:i\en a longer period of growth before jieing 
taken to market. It is pj-ol)able th.it no oyster bar in the water.- of oui- State, ever of any size 
or importance is so lain down cu' reduced, if not wholly destroyed, as to be unable to recuJlerat(^ 
and recover now, if .u'iveii jiroiier jirotection and rest. The oyster suiii)ly of our waters. ta]<en as 
a whole, it is likely is as large as ever it was. but is gathered irom larger lields and \>\ more 
laborers. The last season was i)i-ol)ably unjirecedented as a good om- for spawn and the catch 
of spat. 'I"he oyster ground all o\-er the State is literally covered with young oysters of this 
last season's growth, (ireat l>o(d\, in Tangiei- Sound, that the commission \isited in the fall of 
1882, and examined, ami found oysters of any class so scarce that the commission then thought 
ilie i'0(di or bai' beyond recoverx', is again alive and covei-ed with young oystei's. Th(> oy.-ters 
from there and also 1 he neighlioring waters sold to the ('risfield jiackers are co\i'i-ed with 
youn.y, growing, healthy oysters, as nuiny as seventy having been connte<l on an oyster of 
iin'dium size. I'ocomoke, Sound, a few years since, (in IS.Sd.) was so dei>leted that many neiyli- 
boring oystermen say a biislnd a da.\' wa- an a\ erage day's woi'k. The Legislature ])assed a law- 
giving it absolute i-est i'or a year or so. a nd the beds were aua i n i-ejilenished, and with oyster- of 
line (juality. Tongers this season from these beds have i-eaped a rich har\-est. making from ten 
to twenty dollars some days. Natural I)eds and bars cannot be gi'eatly im])ro\ed by human 
industry unless they ha\-e Ijeen so depleted as to l»e unaljle to recnpei-ate. What they need is 
projier rest and i>rotection. To gi\e thesi', in the opinion of the iimhM'signed, we will need no 
very large, cnndiersomi' and expensive navy, with its large (ieel of sail vess(ds and steamers, its 
hi.gh-salaried c(unmanders and mnnerous crew-, or any costly change, as coiujiai'ed \\-ith oui- 
jin-sent system. To obtain lu'cessary, projier and ellicieid ]irolec(ion the undersigned belii^'es 
it to l^e all-imp(^irtant lirst, l»y concui-i-eid legislation with \'irgiiiia, to prohibit dred.ying in the 
waters of the I'otomac, or place it nndei- the control and restrictions of law ; to further limit or 
sh(U-ten the time of dredgers and scrapei-s, and to limit the size and weight of dredges; to 
comj)el the return of the yiuin.ii' and vininark<'table oysters to the beds and bars, togetJier witlt 
(hitch, when and where taken ; to make more certain and severer the penalties for violations of 
the oyster laws; to prevent summer iilaiiting during the spawning season, (.>r of taking tlie 



oy>tfi> Irom tlieir iintiirnl beds rliiriiii;- that scai-on for any puiiosp. Tlie<e measurps are all, or 
Clearly so. in tlic o)iiiiioii of tlif undersiKned, necessary for the replenishing of our natural beds 
and bars. I'.einii- a nienibcr elect of the Legislature, he deems it unnecessary here to state his 
reasons for thi'se views, or to state liow lie thinks they can best be carried out, exy)ectin!J: to 
have the o]>|iortniiity there wlien a UK'nilier of that body.' 

"The mid(^i-siiiiied agrees witli his coUeati-nes in the iniiiortance of oyster-idau tint;- and 
oyster-farniing. as a means of incrensiiia- our oyster supply, but is nucompromisinii-ly opposed 
to tlie leasiui;- or selling of any of our natural l>eds and bars to any person or persons, for any 
purpose or imriioses. In ( oiuiectirut and other northern States that have increased their oy.ster 
supply so lariady by these nutans, one restriction has always been jealously insisted upon, viz., 
that natural beds or bars should not beseta].art or desii^iiated for planting or cultivating oysters. 
Some of these States have gone so far as t(^ refuse to set apart laml for these purposes if there 
has b<>en on it natural beds and bars for ten years i.ast. If any oyster commissioner allows the 
apiiropriating or designating of natni'al beds and bars, they are vi.sited by heavy fines and 
penalities and the grants declared invalid. We should do as they do, go tliat far and no farther; 
grant, niuler iH'oper restrictions, bottom lands suited to the cultivation and growth of oysters 
foi' bedding aiul farming jmrposes. but none that hav(^ any natural beds (U- bars. We liave many 
thousands of acres iji our waters barren of oysters, as well or better adapted to tlie groM'th of 
oysters and llieir cultivation a> can be found in New York, f 'nnnecticut. Rhode Island or 
<'lsewhere. and it is here we should jdant and farm, and nowhere else. I'.y this means Ave would 
utilize \\a>te laud, greatly increas.' our oyster supply and tlie State's revenue." 

'■The oysters of the State belong to the people of the State, and the triu> policy of the State 
is to guard and protect (uir oyster grounds foi- the benefit of its citizens, for tlie protection 
given the State should receive an ample revenue. Tlie citizens of the State have the right to 
ask and expect that legielatiou be in th(- interest of the many, not of the few : in the interestof the 
weak rather than tlH> strong, iind to demand that this vast public domain— the oyster grounds- 
shall l)e held now and for all time to come, as it ever has been held, as a great commons, to be 
used in comnnm by the citizens of the Stale under such rules and regulations as the State may 
prescribe, and not sold to a few capitalists, thereby making the rich i-iclier and the poor poorer. 
The undersigned is opjiosed t.> district ing the bay. as iu-oi>osed by the majority rep(n't. believing 
lh;it jirotectioii under such circiinistaiice> would not only prove a failure but burdcMisomely 
exjiensive to the State. He has no fears hut what the iiresent oyster su])]ily will be kept up 
t/) its Iiresent standand and within a few years increased. The snpjily is now greater, probably, 
than evi'i- before, and the prices higher, ta ke the season through. Ft is the increased demand 
and couseiineiit high price> that has created the nyster iia nic i n the |niblic mind to a great 

<v\leiit." 

'■ To show thai our oyster grounds a rt^ not \'et unprodtn-t i\ e it is but necessary to coni]>are 
the crop gathered at two (ir three of our im])ortanl oyster markets the jiresent season witli 
f(U-mer ones. Iialtiniore in the season ended in issd, with its then 4') packing-houses, is reported 
to have used at these houses alone (!.4")(i,2(f2 busluds. from carefully gath(>r(>d statistics the last 
sea-<on she is given with li(>r now liT iiacking-houses, 14,00(1.11(1(1 bushels. Crisfield in ISSO, 
127. -270 Imshels : in th(> last season, ended in ISS.",, 1,200,000 busli(d>. ( 'anil)ridge in ISSO. ^bs,. 510 
bushels ; ill the last season. (iOO.OOO bushels. The undersign<'d thinks these figures are as correct 
as can pooibly be obta iiii'd, and from otlier data he has personally gatliered and has in his 
j,()j<fj,o^(.;i,„i, lie thinks the comparison would hold good as a rule at nearly all of the chief oyster 
markets of the State. The majority rejiort is so elaborate and full, giving all necessary infor- 
niatiou, facts and figures, and in the main ha\'iiig the endorsement and coni'urrence of the 
undersigned, thai he thinks in tlii> rejiurt it would lie superfluous to say mor(\" 



147 

■ In ((inrliision, ho liojics it uiiiy imt be luisunderstood in l)ripfl.v a.llndinK to tlio intor^st be 
now feels and has always felt in the production of thi^ important industry. In ISfi8, as a 
member of tlie Lei^nslatnre and as clmirnian of a select joint cominittee. he re))orted the bill 
that irave birth to our oyster na\ 7 in the interest of jjrotection. In ISSO, as a member of the 
same body and as cliairman of a select c<nnn\ittee, he rejiorted the jn-esent StatiMiyster law. In 
ISSL', under joint res(jlntion of the (ieneral Assenilily, ho was by (iovernor Hamilton apjiointed 
one of the three State oyster commissioners. In that ca])acity in \XX'2, with his collea.irnes, he 
visited and examined many of the Ijeds and bars of the State. In l><s:", h(\ by aureement of the 
commission, de\-oted lii> time to the tidewater counties, visitin;L;' many, holdiriii- ineetini^s, 
nivinLf vi<'ws, obtainin<,' \iews and seekinu' statistical information, besides a correspondence 
(•ari'ied on with'some several hundreds of jiersons of different classes in dirterent parts of the 
Stat<"." 

'• K'esjici-t fulls' (jubmitted, 

"WILLIAM HKNRY LF/KJ." 



C]I.\rTER X. 

THE (I'lSTKl; IMirsi'JiV A.NJ) (i\s'ri;i; i.AWS ok MASSAClU;SK'n>, IMlol'K ISI.AM), CON.NKi rirl r, SEW Vlil.'K,, 

M-A\ .lEKSKY, 1iK1,A\VA1;K AND NIliCIMA. 

The ivsoliilidii uudiT wliicli wtMverc apiioiiitcd nMiuires us to su])iiiit to the (iencral Asi^cmbly 
all iiifonnatioii wliidi will aid it in dcvisino- huvs for the i>i-otection of our oyster industry, and 
as one iin]i<)rtant s.mrce of tliis information is found in tlic laws and methods which liave been 
employed in other parts of our country, we will .liive in this chapter a short sketch of tliis 
subject and coides of the most important and instructive laws. 

Some of these laws are instructive on account of theii' \alue. while otliers are instructive 
only because they have failed ti> result in any benefit to the industry, but we believe that the 
entile chapter will l)e found tt) contribute materially to an iidelligeut i,'-rasp of tin:' subject. 

We have been aided in the preparation of this clia])ter ])y the Fish and Oyster Commis- 
siouers of several States, notably those of Rhode Island and C'onui-cticnt, and we liave also 
derived much valuable information from 1 niiersoU's " Report on the Oyster Industry of the 
United States, and also from the " Sea World," a weekly newspaper, edited by \\'. R. llopson, of 
Baltimore. 

.'^Ki-rioN 1. — 'fni-: OvsTi'.i; Laws of MAss.\cnusi:Trs. 

The following- ac<-ount of tlie oyster laws of Massachusetts is condensed from luii-er.soll's 
"Report on the Oystei' iiuliistry of the United States." 

This State allows any inliabitaut to take oysters in tin; day time fnnn September first to June 
first for family use, but some of the towns have special laws limiting the quantity which may 
he taken for this purpose to one bushel a week for each liouselmld, Avhile other towns perjuit 
((Illy three bushels to be caught in a month. 

OEMCHAE I, AW. 

\Vlioe\cr takes oysti-i-s, wilfully destroys oysters, oi- obstructs their growth, forfeits ^2 foi- 
eacli bushel, Jn(duding shells. 

The mayor and aldermen, or the selectmen, of any city or town may give jiermits to any 
person to take a stated quantity of oysters; aiul any inhabitant may, without permit, take 
oystei's, ftu- family use, from Septemljer 1st to June 1st. 

.\ny boat, not owned in the place, and found with oysters on board, not taken under a 
permit or license, nuiy be seized and detained by any inhabitant, for not moi-e than 48 liours, 
pending process of law. 

The mayor and aldermen, or selectmen, of any city or town may grant a license, for a term 
not e.xceeding twenty years, to ai\y inhabitant thereof, to plant, grow and dig oyster.s, at all 
times of the year, upon and in any flats or creeks therein, at any place where there is no natural 
oyster bed : not. however, impairing the private rights of any person, nor nuiterially obstructing 
the luivigable waters of any creek or bay. But no person shall take any oysters from any flats or 



1 111 

rri'i-ks t'l ir wliich a licciir-f lias Ih'smi L;raiili'il Ijctwcrii >iiii>ct ami siiinasc. on pciiaUy uf fni'tVilurc 
of licciisr. and t he iiysti'i's (III his )i('il>. 

Siicli license sliall deserilie the watei-s and iiniiniN. shall lie rer(irded,and shall cust ihe 
apiilicii.iit .•?■_'. -'iH. 

The person so lieensed, his heirs and as^i^ns. ^ha 1 1, for the imrjioses aforesaid. Iiave 
exrliisive use of the Hats and i-re(d<'^ descrihed in the license, diiriiii;' (he time thereiu 
ppecified: and any jierson wiio, without consent of the owner, removes oystei's from licens(>d 
irround. incurs a fine of .'-spin or le^s, or imprisonment fr<im thirty days to six inoiit lis. <ir hot ii. 

sni:i lA 1, i.A \\s. 

'I'liirii (if Sd inJu'irli. — If any person >hall take aiis' oysters from their iied>or doti'oy them 
therein, in the tiiwn of Sandwich, e.\ce[it as hereinafter iiro\ided, he shall forfeit toi- evers' 
biisliel of oysters so taken or destroyed, the sum of live ihdlars; /'/orii/t^d, //f/rert^/-. \h;{\ the 
selectmen of sa id town ma \' ui\e permits i n writ i m;- to a ny inhaldtant to take shell lishat such 
times and foi- such uses as they shall think reasonable, not e.\c-eediim- t wo bnslnds for one family. 
iiiid the use for wliich the oysters may lie taken sliall iie exiiressed in the permit; I'/ur/f/c//. 
fnillwr. that any inhabitant of said town may, without permit, take one luishel of oysters per 
week from their beds in said town, for the use of his or her family, from Se|item!)er 1st to .lime 
1st annually. 

Any per>on ent it led to one bushel of oysters iiei- w eek. may, by an oi'dei-. emp(.)wer anothei- 
person to take said bushel of oysters for his or her family use. 

Town of Well/leef. — No iierson not an inhabitant of the town of Welltleet, shall take any 
oy&ters within the waters of said tow n without a permit IVoni the selectmen, nor sliall any ]ierson. 
being au iiiLabitant of said town, take any oysters for the [nii-iiose of scdliiii;- them without a jiermit 
from tlie selectmen, whu may yraiit the same for such sum to be paid to the use of the town as 
tliey shall deem pi-oper, but the inhabitants of said town may take oysters for family use with- 
out a pei-mit. 

N'iolation of this act shall be punished by a tine of not less than five nor more than ten 
dollars, and cost of prosecution, and one dollar foi- every liiislKd of oysters so taken; 'said fine 
to be recovered by indictment or information before ;i trial justice in tlie county of ISarnstable. 

'/'('//•// <ij' ><(iiiierxi't. — The town of Somerset shall have the e.xidusive control of the oyster 
lishery in that part of Taunton b'iver within the limits of said town, and may sell at imblii- 
or private sale the right or jirivileo-e of taking oysters foi- a. term of not less than thrc-e nor 
more than ten years at any onetime; and all money arising from such sale or sales shall be |>aid 
to the treasurer of said town for its use. \n\ lious(diolder may take three busluds of oysters 
each month without a permit. 

Toioii (if Swiiitscd. — This town lia< a. special law similar to that of the town of Somerset. 

The towns on the Taunton River and its tributaries lease their lands to stock companies 
under these local laws, and these I'ompanies work the natural beds for seed oysters, whicli are 
sent to a distanci^ to be sold for idanting. 

The town of Somerset leases to the Somerset Oyster company, composed of citixeus of the 

town, for a period of five years, at an annual rental of ,§ .sotv 

Fall River leases to a firm in Wellfleet for ijoo, 

Freetown to a citi/.en (jf lUiode Island for l.ouo 

Deighton to another citi/.en of Rhode Island for J7.> 

Assouet to a Rhode Island company for I ^:>2-> 

Berkeley to a Rhode Island company for j,.!(i(v 



1 50 

Tliese leases give the right to tlic natural ^>ed^. iilthoiigh t)ir right of caiOi citizon to catcU 
iiyf-ti'i-^^ for family use is reserved mi(h"r the State general laws. 

'i'here is nn planting in tlie i-ivei-, and tlie industry eousists in the working of tlie natural 
beds for seed oysters, wiiicli are sold to distant ])lanters. 'Hie liottoni is annually sheiled with 
from L'5,no() to .■in.ooo l)iishels of oyster slndls, and it yields al)out ")1,(MH) l)ushels of seed oysters 
foi' sale, 'i'lie people along its shores also get all the oysters they want for family use, and, in 
addition to tlie S"),4(io wliicli is paid them eaeti year for the rent of tlie beds, they also r(>eeivo 
aliout $17, •")()(), which is paid them in wages for serviee in dredging, tonging and transjiorting 
for tlie lessees of the beds. As the oyster area is only about eleven miles long, and covers only 
a small area, it will lie seen that the system is extremely profitable. 

77ie /own (if Wareliani. — Fifty years or so ago tliis town leased to a company the privilege of 
taking oysters from its natural IhmIs, but it annulled the contract in bS40 on the ground that the 
com]iany was e.xhansting the beds, as the ]iractice of shelling the beds does not appear to have 
been employed. 

The town lias divided the bottoms of its rivers and inlets into grants of about two acre« 
eai-h, whicli are leased for oyster planting for a term of twenty yearsat S'-'.-'iO each, and taxed on 
a basis of S.'id. Nearly all these grants, about \'l') in niimlier, are taken u)i, and the lands have 
been ])lanted with s(>ed oysters taken from the natural beds of the town. 

In bSTl the town voted that no one should lie allowed to fish for oysters on the natuiul lied 
without ]iaying to the town a dut\ of ten cents a bushel. For three or four years the town 
derived considerable nn'enue from this source, but the law has excited opposition, and lias led 
to the abandonment of the busine.ss, so tliat the revenues arc now very small. 



Skci'Ton •!. — ()^■^■|■l;l; jMirsTK\- ano <)^■^■n•■.l; Fa\\s oi' K'lioin: Isi.ank. 

In this State tlie oyster law is based iipou the pi'inciple that all property below high-water 
mark is the public ]iroi>erty of the whole State, and is to be administered in such a way as to 
secure the greatest good to the greatest number of its citizens, and th(> lawsand methods in force 
are the results of a general jiolicy which has been carefully matured and perfected. T'lider tliis 
wise administi'atioii till' beds are now more \ a biable than theyAvonld be if they were left to 
iiaturi>, and theij' value is .•-teadily incnuising. 

^'oiir comnrissioners are indebted t<i N. 1'. S. Tlionias, of I'mvidence, the sliell-li<h commis- 
sioner of llhode Island, for most of the information here given, and we lia,ve al>o made e.vtracts 
fi-oiii IngersollV repoi-t on the " ( )yste)' Industry of the rnited States." 

I'lie ovstei- area of t lie Stat e is in jiait leased to ]irivate holders, and in ]iart o]ieii to the 
juibl ic. 

riie public IkmIs are 0]>en to citizmis of Khode island in the daytinu\ between September 
l.")tli and May I'lth, e\ce])t certain beds, which are ojieu only from .\]iril l>t to .lune b")th, but no 
|)erson is allowed to take more than ten bushels of oysters a da\, under a penalty of ijS-20. >»'o 
one is allowed to take oysters fnun the ]iublic beds witli any instrument excejit tongs or under- 
rakes. under penalty of .s;;(i() line and the forfeiture of the boat and all ajiparatus used, and the 
under-rake is defined by statute as follows: ' the handles of said rake being \:> to lio feet in 
leiii^th. tlie head from 1 to '1 feet in length, filled with i]-on teeth from i; to lit inches in length, 
and niost1\- used througli holes cut in tlie ice.' All shells and all small oysters unfit for 
market, are re.piired to be returned tci the beds, iindei- a ]ieiialty of 820 line lor eacli offence, and 
the forb'itiire of the boat and all ajiparatus used, and there is the same penalty bir taking oy.stei.s 
at niii'lil. Any iiei-soii who wilfully damages any imblic bed, by dumping upon it, or in any 



■odirr w'iiy. incurs ;i ][icii:ilty (>(' .*i.")0(i line for each (iffoiice. No pfi-.-on who in nol ;i, riti/iMi of 
i;]io(l(' Island is allowiHl lo cat''!! oysters on any ]iii1)iic Ix'd. iindfr a penalty of .^'Jo line for eaeli 
,iH'eneo, and tlie forfeitnn^ of tlie lioat and all apparatus used ; and a person wlio is eonvicted of ;t 
.second offence against tin' oyster laws, forfeits for three years llie rii;-lit to catch oystei-s. 

There are tlu-ee oyster coinniissioners, (dected for five years l)y the Lcijisla tnre. and lh(>y 
have the powe)' to buoy off and (dose any oyster lied when tliey think it is heconiinu' e.xliausted, 
or any new bed which nia\- be discovei-ed, and tlie takinsj of oyfei-s from any IkmIs thns closed, or 
Hie distnrbaiice or injury of tlie bnoy> is jinnished liy a line of .*;•_'(( for ea(di offense, and the for- 
feilni'e of tin" lioat and all appai'alns. 

■riii; ri:i\A ri; o^•.-^l■;l; Kisni;i;ii:,- oi- itnoiu; i.-i.Asn. 

The laws regardin>;- the apiiroiiriation of iiroiiiid for th<' private cultivation of oysters in 
i;hode Island are still in a somewhat tentative condition, and many yreat chauftes will, nodon])t, 
he found necessary in the' immc^diate future, 'i'hey are, however, the r(>snlt of a wisely matured 
ij-enei'al policy, and as tliey have within afew years ij-reatly incr(>ased the sui))dy of oysters, tho 
amount of I'apita.l invested in tlie State, and the i-evennes frcnn the oyster irronnds, they arti 
\\'(dl wiu-thy of carcd'nl study. 

The private gi'ounds are Indd undtM- two distinct acts, one of Imii^ standiuii" to encouraj^fe 
•oyster planting, and another, iiassed in iss:;, to develo]! an oyster-farming industry like that of 
( 'onnecticut. 'J'he shtdl-fish commissionei-s state, however i i>ec. ',i. 1S8;;), that t lie i udustrv has 
far outgrown all the existing legislation, and that essential changes will l)e recommended to tlie 
Legislature this winter. 

0\>li:i; I'l.AN'IIM. LAW-. 

The three oyster conmi issionei's, who are idected by (he 1 ;eL:i>la t lire for a term of live \-ears, 
ha\'e iiower to lease, 1iy public auction or otherwise, to an\' inhabitant of I he State, any laud 
below low-tide mai'k, whether it beanatiii'al oyster bivl oi- not, to be used as a jirivate oyster 
lishery, for the ]>lantiiig and cultivation of oystt»rs, n]ion sindi terms and conditions as the\' imiv 
deem jirojier, but not for less than lisc urn- nion_' than ten years, and the I'euta 1 is lived bv law at 
.^1(1 annually for eacdi aci-e. 

The law at ]ireseiit does not permit the leasing of more than one acre in one lot nv parcel to 
owi^ pers<in oj- linn, but strict adherence to this jn'ovisioii is a \oidi^d by common consent, and 
when there is no opposition several aci-es are leased in one lot, the commissioners woi-diiiL;- the 
lease as follows: '•This land is lea.sed in parcids of one acre eaidi, but imduded in one lease fo|- 
convenicMice,"' so that there i> jiraid icaUy no limit to the number of acres one person may hold, 
and thc^ average, in bsTii, was 17 ■J-H) acres to eaidi holder. 

in its present fcu'm the law does not allowany onee.\ce]jt an inhabitant of the .Sfafe to h'asi^ 
land, and in IST'.i the discussion oi' tlie questkni who wrvc suitable persons to r(>cei\(> leases 
under this proviso led to a- contest iad'ort' the l.i'gislature. It was widl known thai many lloslon 
deal(M-s [ilantod oysttn-s and carried on a, business ili oysters ujion groiiml leaseil in the name of 
sonn^ inhabitant of the State, who might or niiglit not act as their agent. 

As the native lishermeii held that this jiractice was an injury to them and an infi-ingenient 
of the law, they endeavored to ]irocure the passage id' a bill making;- it a misd<'ni(>auor foi- anv 
lessee of oyster beds to be interested with any ]ierson not a resident of tJic State, under a jien- 
altv' of Sloo line and cani'el lation of the lease. 'Idiis bill failed to lieciune a law, however, and 
in isso one-third of the capital of S] .odO.iion. whi(di v\a< invested in the oyst<'r imlnsti-y of tho 
State, was owned in I'.ostou. 



Tlie oyster r<iiiiiiii<si(infi's are rcciuircil tn piihlLsh aiiplirations for leases, and Ix'fore 
^■raiitiii.Lr a lease to have tlie u'roniid purveyed and platted, and to cause proiier bounds to be set 
up on the shore in order to define the linuts of the leased area, and to see that the leased area 
is enrhjsed by sta lies oi- buoys not more than two rods apa.rt. unless this shall interfere with 
naviKiition. and to jiave th(> plats of all leases bonrul in a book. The lessee is recpiired to pay 
all tlie expenses thus inenrred, and also to pay the couiuiissioners §1.50 per day and their neces- 
sary expenses. 

The coniniissioners have the power to modify or caneel leases ami to remit rent in certain 
cases. They are re([nired to see that the terms of the leases are properly fulfilled and that rents 
are punctually jniid, ami in case of failure they must terminate the leases, and they may resell 
at iHiblic auetion au\' lot u|iou which the rent has not been paid, with all the oysters upon it, 
after a week's notice has Iieen .^iven ia sonu- newsi)arier printed in Provideui-e. 

The oysters i)lanted or urowinij- in any private oyster i^round leased by the commissioners, 
are, dnriu.u' the coutinuauce of the lease, the private jx-rsonal properly of the lessee, ami the 
taking and carrying away of siudi oysters by any unauthorized person is lai-ceny, ami is punished 
by the forfeiture of tlie boat aud of all the imjilements used, and by a hue of .$50 for the first 
offence, and by a line of $]()() and imprisonment for six nmnths for each snbsetiuent offence, and 
the owner of the (jysters stolen also has a jirivate action for damages a,i;ainst tlie thief. 

Willful injury to any i)rivate oyster bed, or to any laud leased for oyster culture, is ]>uuished 
by a fine of 8"i<)(i and 'by forfeiture of boat and of all ai)paratns, and tampering wilh boundaries 
is punished loy a fme of §20 aud by double damag'es. 

The holdei-s of private oyster t;roiinds are not allowed to fish at night, under a penalty of 
|!2(» Hue and the fortfeiture of boat and apparatus; and any one convicted of a second otfenee 
against the oyster laws, loose the riglit to catch oysters for three yt!ars. 

The ( ommissioners ami all jiolice coustaliles have power to enforce (he oyster law ami (o 
seize the ])ro])erty of those who violate any of its provisions. 

Tlie oyster cultivation of tliis State is almost entirely oyster planting, and most of the 
seed oysters are i)urchased outside of the State, although steps are now being- taken to estalilish 
a farming- industry in the deep waters, like that of Conuecticul. 

o^^s•|■I.;l,• I'A1!M1N(. I\ I.'IIODI-. ISL.VNI). 

fn his message to the (ieneral Assembly in .January, iss;;, ( lovernor l.ittlefield says: 
'• The sludl fislieries department has shown a steady increase in receipts from year to yeai*. 
The commissioners have paid into the treasury for the year 1.SS2 the sum of $!),74], and they 
estimate the income for the ensuing- year at upwards of .$10, (too. It is evident that this indus- 
try, if pro|)erly developed ami nurtured, maybe the source of large profit to the jieople of the 
State. Kven the empty shells, which a few years since were deemed almost worthless, have 
now a commercial value, I am inforim^d they sell for from two ami one-half cents to six cents 
per bushel for shijmient to our neighboring State of Connecticut, where they are planted in the 
wati'fs of Long Islaml Sound, Here the young oysters form on the shells so planted, and 
in from one to two years these shells, with the 'set,' as it is termed, are sold to be 
replanted in fuir own waters, realizing from forty to sixty-five cents a bushel, Tliere would 
seem to be no good reason why these shells should not in the first instance be utilized in the 
waters of our own bay and its tributaries, and I am informed tliat experiments are being con- 
tem])lated by our commissioners with this end in view," 

'• Tlie commissioners deem it important that some change should be made in our present 
statutes relative to the shell fisheries, the industry having in some respects outgrown the pres- 



lo.'. 

rut li'yislalioii wliicli wa-s a.(la-i>tO(l rather t(_> tlio dr-vcNipiiuMit tliaii lo the reKuhilion nf tlie 
>:yst<'iii. For tliis piirjiosc tlu'v will siiliinit some aiJieiidiiieiits which, in tlieii' jiKluniciit, will 
nccoiiiplish the desii-ed end." 

And the yiiell-l-'ishiM-y ( 'oniniissimiers. in their animal n-poi'l of (lie sanu' date, miuh^ the fol- 
lowing;' I'coniniendations : 

■■ ■rher(> is an increase of ineome to tlie State for tlie rent of ,i;ronnd for tlie phmtint,' ynd 
lii-o]iai^atint;- of oysters fi-oni year to year, for many years past, and we see no reason why thi.s 
ini-rease slnnild not conlinue fm- nnuiy years to eonie. The leii-islation of tlie State lias not f)nly 
had a tendency to ]irodnce (piite a revenne to the State, but to encouray-e a very pTofitable 
industry within the State, ami liiviui;- em]>loyment to l)oth labor and capital. l?y industry and 
attention to this bi'anch of l)nsiness, the lessees have not only added to the .State both industry 
and money, but have produced oysters for the market at a much less price than they could have 
been imrchased had not said industry l)een fostered and iirotected by legislation." 

■■ The ])reseid law re(]nii-es llie lessee to procure a plat of the ground to him leased, at his 
own expense. This, heretofore, when ])ut little ground was leased, was]irobab]y a wise and just 
provision of the law, but at the i)i-esent time it seems no more than just that the State should 
liay the expenses of surveying and platting the ground so leased because the plats could lie made 
under oiH' contract by the State for ii much less sum tliiin they could l>e furnished l)y indi\idiials 
in small detached sections, and this would enal)le the State to have at all times in the office df 
the Commissioners a uniform set of plats under the control of said CYnumissiouers, which could 
bt> i-eferred to at anytime foi' the purpose of better locating laud uuleased as well as laud 
already leaseJ, and the snr\-eyor designated by said ( (uumissionei's could very easily direct any 
alterations in the boundary lines of said lands." 

•• in the opinion of tlie ( 'ommissiouers a law should l)e jjassed alhiwing i)arties to rent laud 
■covered by tidi- watei- <if a dejith not less than twelve feet at low tide, at a small rent, for a term 
not less than five nor more than ten years. We see no reason why the seed oyster.s could not be 
iis readily raised in our waters as the waters of other .States, thus Iniilding up a very large and 
profitable in(bistry within this .State." 

.\nd in ;n-cordanco with these rec(unmendations the (ieueral .\ssembly passed in January, 
bss.",, a law giving the commissioiu'rs the power to rent, at an annual rental of not less thau|!] an 
acre, for a term not e.vceeding five years, any lauds not already leased and covered at average 
low water by at least twelve feet of water, for the jmrpose of e.xperimenting in the cultivation 
of oysters, and they also ])rovided for the survey of all su<-h lauds at the expense of the State. 
There is no limit to the amount that a person may hold under the law, and natural beds may 
be ajipropriated, but the nu)st valuable natural beds are reserved under other laws, and the 
commissioners liave declined to lease natural beds when, in their judgment, it is for the interest 
of the ])ublic to have them renuiin free«or common. 

in a letter dated December !•, iss;], the commission states that about 1,100 acres are now 
leased for oyster culture, from which about .?11,OUO will be due to the State Treasury on January 
I, 1SS4, and in addition to this alxiut :'>00 acres have been leased for raising seed at Ifl an acre 
under the new law, and this area will undoubtedly be greatly increasf^d in the spring of 1884. 

( )nr own State, with nearly 1,000,000 acres of valuable oyster bottom, has never derived a, 
revenue of much more than J^'iO, 000 a year from this service, and it hardly seems as if comment 
upon this fact i-ould be necessary, as any one can make the sim])le computation which will show 
the ini'fficiency of our i))'esent jiolicy as comiuired with that of Rhode Island. 



ir,4 

Si;( ThiN III. — Till; ()'isii;i; Fi^iikk'i ami ()v>ri;i: Laws oi-- ( '(inm;( ik ir 

'I'lif luetliocl;^ ein]il<\vi'il in this State ar<.' of the yr«itest interest, for ( Vniin'cticut lias Ix'cii 
able, by the adoption of a wise plan, to bnild up a great oy.ster indnrfti-y in ;i very sliort time, 
and to phu-e the business njion a sonnd and snbstantial fonndation. 

The natnral resonires of this State are as nothing compared with tlie resources of our own 
waters, for, npon the most liberal estimate, her natural beds do not exi'eed "i.Uimi acres, all told, 
while, according to I.ieiit. Winslow's careful survey, tlie waters of Tangier iind I'ocomoke Sounds 
alone contain lO-'l stpiare miles of natural beds. 

The ■'),i)liu acres of natnral beds furnish few niarl<etalile oysters, and are cliietly valuable as 
a supply of seed oystei's for planting; but tliey are by no means large enough to fnrnisli all tlie 
weed whii'h is used by tlonnectiiuit planters, and as recently as issl hundreds of thousands of 
oysters were annually taken from the ( 'hesajieake IJay to be planted in the waters of ('on- 
necticut. According to Ingersoll, 4')n,(i(i(i ])ushels of Chesapeake Hay oysters were planted in 
tlie vicinity of Ne\\' Ha\en in Xs'u. and (i-'j.ono l»ushels in Ka>terii ( 'onnecticut. or ■") 1 ■").( i( i( i 
busliels in all. 

Three years of etticient protection, under wise oyster la\\'>, have produced sucli a cliaiige 
that the State which was so recently compelled to purchase oysters for planting has, as we are 
informed by good authority, this year furnished seed in considerable amounts to New 
York. Ivhtxle Island and New .Jersey, besides sending an immense supply to Kuropean planters. 
One firm shipped, in the spring of is,s:i, sixty car-loads of seed-oysters to San Francisco from the 
beds of Connecticut. The .sixty car-loads, or more than 1 •'),(» lu.doii young oysters, had been 
engaged by persons employed in planting on the Pacific coast. 

A method which is cai)able of producing such a result as this in three years' time is worth 
most careful e.\amination, and we shall therefore give a minuti' account of the oyster policy of 
Connecticut, and a copy of her oyster law in full. (Want of space has com]ielled us to omit 
this law.) 

The waters of the State are divided into two districts, a sliore district, which is under tlit^ 
immediate! care of the various towns which border upon the water, a Connecticut town corre- 
sponding in a general way to a Maryland county ; and a deep-water area which is under tlie 
exclusive jurisdiction of the State, and is managed by a board of three paid oyster commis- 
sioners, who are api)ointed for a term of three years, by th(> (Jovernor with the advice and con- 
sent of the .Senate. In each area there are natural beds which are open to the i)ublic,and private 
grounds which are aiijiropriated to indi vidua Is oi' companies, by law. for the cultivation of oysters. 

TiiK iTiii.ic UKi's oi' ( (iNM:crnrr. 

The natural beds are open to all residents of the State at all times except at night, but no 
one is allowed to use a steaml)oat upon them, or to use a dredge which weighs more than thirty 

pounds. 

The use of steam vessels for dredging uiion tlie public beds has only recently been pro- 
liibited. Steam vesstds are used npon the private oyster beds, and the propoi-ition to close the 
public beds to them was warmly attacked, but was finally adopted and made a law by tlie 
Legislature, in 18S!. 

'• In gathering seed near .shore, and somewhat otherwise, tongs and occasionally rakes (those 
-with long curved teetli) are used ; but tlie marketable oysters are nearly all brought from the 
bottom by dredges of various weights and slight differences in pattern. In the case of all the 
smaller sail-boats, the dredges having been thrown overboard and filled, are hauled up by hand — 



1 r,r, 

:\ l>;ii-k-l(ri'akiii,L;- opcrat inn. 'I'hic (iy>tt'i's tluMiisch t-s arc \ ei-y licaAN, and frcciueiit ly lia IT llic 
amount canuht is coiniiosi'd of sliclls. dciul oysters, winkles, and otlu'i- trash, wliicii must he 
fulled out, tlms coniixdliui;' the (lysternicn to twire or thi'ice the work wliicli tliey \\"(juld lie put 
to if tliere were nothiui;' but oysters on t lir u'l-ound. 'i'lic work of ralehiut:' the oysters liy any 
of these methods is, therefore, very tiresome and heavy, and various ini])ri)vements liase l)e<Mi 
made, from time to time, in llu' way of laljor-savinu, frt)m a sim])le crank and windlass to 
jmtented com ]dicatedpower-wi mil asses, similar to those commonly used in the ( 'liesapeake boats. 
When a propel- l)ree/.e is blowiim, dredL^iuii' can lie acc(un]ilished from a sail-boat, with om- of 
tliese windlasses, with much (|uickue>^ ;ind ease. In a calm, or in a uale, how(>\ei-. the work 
must cease, as a rule." 

" Tnder these cii'cumstances, and a- the bii>iness increased, it is uol surprising- that the aid 
of steam sht)U Id have b(!en enlisted ; n(U-, iierhajis, is the conti'oversy whicli has ensued lo he 
wondered at, since the intro(biction of no\el •)r sujitM-ioi- po\\-(>r into some well-traveled walk of 
industry, has e\-er met with iiuliunant ojjposit ion." 

'• The first utilization of steam in this business, so far as 1 (-an learn, was b\('upt. Teter 
l>e(-ker<V- P.rother, of South Ndi-walk. about ISTO." 

" Aftei- the Messrs. r>ecker's e.viieriment, Mi-. W. 11. i.ockwood, of Norwalk, not an oyster- 
man, but ail entlmsiastic belii-vei- in steain-dredu-iiii;-, built tlie steamer Mnteriu-ise expressly for 
tlie business. Ilor leiiyth is 17 feet ; beam. It feet; slie draws 4 feet of water. She handles two 
dredges; lias a daily caiiai'it.s' of i'lii or -joo bnshtds." 
" 'Jliese were follo^^■ed by sevtM-al other steamers." 

•• Tlie Merwins, of Milford, and Mr. Wlieeler llawley, of Hridg-eport, also have steamers of 
large capacity, so that tliere are now in all seven in Long- Island sound, but it is generally 
acknowledged that the most thorou.glily iMjiiijiped boat for this iniri)ose, of the fleet, is owm-d 
by H. ( ". Rowe iV- Co., of Fair Haven. Connecticnt. It is named the •• William H. l.ockwood," 
and is comparatively new, and cost between six and seven thousand dollars. The dimensioii> of 
this boat are: leugth, G-'i feet; Ixnim, IG feet; draught, "■)^ feet. Her boiler is larger and her 
engine more i)owerfiil than usual in a boat of lier size, and she can tlierefore be used for towiim-, 
and can force her way through heavy ice in the winter, so that her owner is sure of a sup]dy of 
oysters for his customers when other dealers may be unable, with sailing-vessels, to get them. 
Hesidei? her regular propeller, she has a double engine for hauling dredges, which hauls all 
four dredges full of oysters at ouce, and lands tliem on de(-k, two on each side, at the rate of .sou 
bnsluds a day if needed. This emid<iys a crew of ten men, wlio are ju-otected frtmi the weatluu- 
by a housing which co\-ers in the whole deck." 

Connecticut has no license law and all boats are allowed to take oysters at any time upon 
the public beds; or at least this -^'as the case in January, iss:>,, the date of the last report of the 
State commissioners, although in this report the commissioners recommeud that eacli vessel or 
boat or steam<'r which is used in cultivating, gathering, planting or trans])orting oysters, eitlier 
on the natural beds or on private grounds, shall be licensed and shall display a license number 
while so used. The object of this measure is not revenue to the State, but the protection of tln^ 
private beds, and the license fee is only one dollar for each boat, and the license does not re- 
ijuire annual renewal, Init is good indefinittdy. Tlie system of licenses and numbers is simply 
to prevent theft, and it is stated tliat such a law w<nild render thieving- almost imjiossible, since 
vessels working without numbers, or vessels with numbers woi-kiiig uixin the grounds id' other 
persons could be detected at a distance. 

None of tlie oysters which are taken in the natural beds of ( "oniuM-ticiit are scdd as fiujd, 
as they are all small and only Ht for jdantin.g. They are sold to the holders of private planting; 
grounds, and are almost eii-lusively i>lanted in the State. 



]:,() 



'I'm: pi;i\Ari: ()^~ti:i; in;iii'Mi> hk thk ^tatk r>i-' coNXKCTicrr witiiln' ■iiii-; aiu:a \\nii h i> rxrir.u 

l.dCAT, MANACKMf.NT. 

Tlip niitural bods of tlie area which is ,>;-<ivPi"'iet^ by the Ijorderiiip- towns, are, like those in 
(leej. water, pnblie i>roperty. and they cannot be appropriated for private oyster cultivation, but 
each town has jiower to appoint a committee of five electors, who may desiy-uate any other 
iii-oiinds for this i)uri)<)se. 

Application must be made to them in writing-, and nn ])erson can appropriate more than two 
acres. Tlie lands which are thus appropriated are taxed like real estate. And they may be 
attached or executed ui)on like real estate. The oyster committee of each town has power to 
decid(> tipon the sum which is to be paid for the Ki'ouiids, and the term of years for which 
they are to be leased. No ]>erson can iiather any oysters upon private grounds unless they are 
projierly staked or buoyed out. and marked at each corner with the owners name. 

The removal of oyst(U's from private grounds without authority from the owner, is pun- 
ished l)y a fine of from $;^0() to $o()(), or by imprisonment for one year ; and the injury or 
destruction of the stakes lU' buoys, en- the grounds, or the oysters upon them, is punished by a 
tine of from |;7.n() to ^5n, or by imprisonment from one month to six mouths, and any boats 
which are used in violation of these laws are sold at auction, the captor receiving one-half the 
jtroceeds, and the town the other half. 

Certain towns, however, liave a sonunvhat different law ; thus the town of Guilford, has, by 
special act of legislature, the right to lease its grounds for ten years, to the highest bidder at 
l)ulilic auction, but it cannot lease more than five acres to one person. 

'{"he grounds which are thus approjiriated to jirivate parties by the towns, are not used for 
farming or ]>ropagating oysters except in a few cases, but simply for planting, and the seed is 
eitlicr taken from the public beds or is ])urchased from the holders of private grounds in the 
area under the jurisdiction of the State, or from persons outside tlie State. 

The system does not therefore materially increase the number of oysters, but it does greatly 
increase their value, and it is therefore a great source of wealth to the people of the State, and 
nearly all lands adajited tor the pnrjiosc are now appropriat<'d. 

ov>'i'Ki; rri/nvATioN IN iin; oi'.i;;' \\ ati.ks oi- (dNNEcricrr, o.\ ouorNDs ovei; which riii-; ^^A■|■^: ha> 

i;.\( Lrsni'; .irmsnuTioN. 

The business of planting oysters in Connecticut under the provisions which have just 
been explained grew so rapidly that all the available inshore bottom near New Haven was 
soon occupied, and these waters looked like a submerged forest, so thickly were they planted 
Avith boundary stakes, and at last Mr. 11. C. Kowe ventured out into the deeper water of Long 
Island S(mnd and inaugurated a new era in American oyster culture by the e.stablishment of 
an oystin- farm in water forty feet deep.. 

i'his new departiu-e has led to the develoi)ment of a new form of oyster culture which is 
not ]ihinting, but farming in its true sense, since the "seed" oysters are seeds in reality, bring- 
inu- i'orth after their kind a thousand fold, ami thus Imildiug up, on private grounds, what can 
l)e most briefly descril)ed as artificial juifi/raJ beds of oysters. 

'I'he movement which has led to this result is the most important step which has ever been 
taken in America towards an enlightened method of managing the oyster industry. 

it has been met at each stage by the most violent opposition, and its history should be of 
the verv greatest interest to all States which control waters in which oysters flourish. 



l')7 

Ml-. Kdwc ^(l^il li:i(l iiiiiiiy iiiiifiitofs, aiul ;is oyster ciiliiirc in dee]) wntci- caiinnl lie iiiaiuiuiMl 
oil a small <r;ilc llic trari- whicli were aiiiH-iqii-iatcd \vcn' U('cc<<ai-ily (nitsiiif llic liniif of 1 wo 
acres, \vliie]i was ;ill that was allDWeii hy a stiact interpretation of the hiw. 

'I'lie i-api(l (U'veldjinient oftlie industry was watched willi aii^-ry exeilennMil, and as it was 
soon seen tliat I he existiun' statutes liad nevei' conteniiiiated a ii\t hiiiu' of liiis sort . altera! ions 
and amendments lapidly foijowed nwc anotlier. now in the interest of tlie deeji-water (ad ti valors. 
and noAV in the interest of I he owners of the small ])lant int;- tracts nearer the sliore. 

'riie tishermen a Ioul;' shore indignantly opjiosed the ca pita I ists. a ml on the minimi that 
everytliinu' niider lliewatei- is common projierty. opeid\ renni\ cd the oystei-s I'l-om prisale 
<;Tonnds. 

As there was no survey or exact dtdineation of the " natural betls," unlimited stealini;- from 
private grounds was iier])etrated and looked iijion witli general favor hy the great majoi-i ty of 
tlie tisiliernien, on tlie plea tlie gi'oiinds in (piestion were •'natural beds." 

The dee]i-water lailtivators. increasing in ninrd)ers and in influence, wei-e aide, in is?."), to 
secure the i)assage <if a law decdaring that in a considerable area of the Stale there are no legallv 
"natural beds," and the jiossibility of successfully jiropagating oysters in great numbers, in deep 
water, was soon proven, and the business continueil to grow and toinci-ease in im]Hn-tance, in 
spite of opi>()siition, but iso much discontent existed that the following reS(dution was jrassed by 
the Legislature of 1S7!»: 

" Whereas, the raising of oysters from the spawn in the deeji waters of this State, in Long 
Island Sound, has proven by exjieiaeuce to be a success ; 

•• Wliereas, there is an immense tract of a va liable oyster-ground between the town boun- 
daries and the southerly boundaries of the State, which cannot at present be used, because the 
State has granted no authority to designate it ; 

"Whereas, these grounds can be disposed of so as to bring a lai-ge sum into the Treasiirv of 
the State ; therefore, 

'■• Resolved hij ill Ix Asscmhl;/. Thai a comnii.ssion. consisting of three jx'rson. be api)ointed by 
the (Governor to prepare a ]dan, and report to the next session of the Ceneral Assembly, foi' the 
gradual disposal of the grounds in the waters of this State which are suitable for tlie cult i Na- 
tion of oysters. Said comniission shall (waniine all e.visting statutes relating to oyster-grounds 
a,nd town lines in sound, all customs and liy-laws in ditfei'ent iiarts of tin- State, and such other 
matters as pertain to oyster-Iishel■ie^i, so that the system devised shall be of general application, 
and enable tin' State to disjiose of 1 he franchist; of the grounds to the best advantage," and in 
accordance with tliis i-i'solntion acts wrre ]iass(vl by the Legislature in issj and iss-j t,, 
]n-ovide tVu- the neetls of the new industry ami i>lace it upon a secure and ]iermauent basis. 

The lirst ste]i was t he estabi ishinent of a lini" to se])a i-a te Ihe deep water fislieries fron» 
those along sh(M-e, whiidi remain under 1 he management of the towns, while the State lias as- 
sumed exclusive .jurisdiction and control over all the fisheries outside the line, and liasap- 
Xiointed a board of thi-ee paid oyster commissioners to oversee and g\)vern this ai'e;i. 

The iin)st important didies of these (-(unmissioners are the sale of gi'oumls for oyster culli- 
vation and the assessnu-ni a.nd collection of the Stale tax ujion thesegrcnuids. 

'Jdie nuinuer of sell iny- grounds isasl'ollows: .\ny person who has been a i-esident of the 
State for one year, or any com])any of such jiersons, may make appli<'ation, in writing, to tlie 
conimissioners for the right lo (ailtivate oystei-s u]ion any ])art of tlie dee]) watei- area which is 
not a natural bed. The form of this apjilication is jirescribed by law, and it is given in full on 

page of this rejiort. I'pon receipt of such an application the commissionei's are required to 

post for twenty days in the town-hall of the adjoining town the mitice which is cojiied on \r,\iXi\ 
of this report in oi-der to gi\'e all interested jiersons an ojiportnnity to file objections, and 



J OS 

if no <il)Jcctiiiii.-~ arc iiiadi'. ni' if (liosc wliicli are made iuv not sustained in a lieaviug- l:)efnre th(^ 
(■()inuiiH,sioners, they are re(|iiir(^d, after tin.' laud iu (luestiou luis been surveyed and mapped, 
and after tlie applicant Ins ]iaid tln-iu one dollar for each acre, to issue to him a, lease in the 

form yiven ou i)a,i^(^ of this iTporl, \\lLich shall di^scribe the u'rouuds and shall stat(^ tliat he 

Juis jiurcliased froui the State the ri.yht to all the oysters upon them forever, pi'ovided they are 
.not uatural beds, and provided In^ shall at once cause tliem to tie staked or buoyed, and provided 
lie shall occupy tlieni for llic purpose of cuJtivatim;- oysters Mitliin five years. The lamls may- 
be attached and executed uiiou like real estate, aud tlie owner may sell them to any resident of 
the State, lie owns all the oysters rix))! them, and nuiy take them by steamboat or in any way 
<ir at any tinu.' that he cIkhiscs, but the comiuissiouers rec<immeud<'d in .lanuary, iss;!, tluit a law 
lie jiassed requiring every boat so used to be licensed and to e.xhibi. a license number. The fee 
for the license is to be one dollar, and it is .s;-ood indefinitely, as the object of the law is not to 
raise revenue, but lo jirolect the beds from unauthorized boats and to g'ive a ready means of 
identify iuii' each boat ;it a. distance. (Lack of space lias comp(dled us t(.) omit, at the last 
:nomeut, tlu> documents which are her(^ referred to.) 

There is no limitation of the i|uantity of ground which a person may own. but an anuuai 
State tax of one pel- cent, is imjiosed u]ion all y-rouuds a]i]>ropriated for oyster culture in the 
deep Avater area. Ivicli owner of .i:roniid is retinired t(^ deliv(>r annually t(i the commissioners a 
swoi'ii statement of the nnnibiu' of acres he owns and of their value, and if he fails to do so the 
commissioners arc re'inirc^l to make uj) a statement from such information as they can get, and 
to add to this ten ixm- cent. The tax of one iiercent. is laid upon this valuation, aud is collected 
l)y tlie commissioners f(U- the .state ; and they may. after the legal limit of time lias expired, 
seize and s(dl any ju'oiierty of the owner, Avhich is not exempt from execution, in payment of 
the tax. 

'JTi(>ft of oysters from the private grounds, or injury to the grounds or oyst(>rs. is punislied 
by stringent laws, which ai"e given in full furthei' on. 

Some of tlie groimds which are aiijiropriated for oyster culture ai-e used simply as planting 
grounds for small seed oysters, but most of them are true farms where fresli seixl is raised each 
year. 'Iliere are three metliods of cultivation: 1st. The bottom is first cleared and is then 
<'overed witii seed oysters, Just as they come from the natural beds, uucnlled, and mi.xed witli 
shells, grav(d, and so forth ; or :.ld. 'J'lie liottom is covered just before the spawning season with 
clean oyster shells, and twenty-five bushels of brood oysters are distributed over each acre to 
supply seed ; or -Id. If the grounds are ne;ir a natural bed they are simply shelled and are left 
to catch tlie drifting sjiawn which is brouglit to them by the tides and currcMits. The shells do 
not " catch a set '" e\ery year, and in case of failure it is necessary to rake over the shells or to 
<-o\('r them with fresli shells just before the next spawning season, ^\'llere a set is secured an 
I'liormous cro]i is the result, and tlie commissioners state that the dredge^ was drawn at random 
in their presence in a private dee]) water bed, and from an ordinary-sized shovelfull of shells 
there were counted 2(Hi young oysters in excellent condition, of the average size of a quarter ot 
a dollar. ,\s many a- lon young oysters have becMi counted growing on a medium-sized shell. 

The i>rogress of the industry has been most satisfactory, and in LSS2 .^14, ill's. ;>.■; was paid to 
the .State tV)r ground, and the commisioners state in their annual report, .lanuaiy, bss;;, that 

"There are now pending one hundred and fifty a])plications, covering an aggregate area of 
-!•'>, 1()2 acres, all of which it is expected, will be surveyed and deeded in time for the n^xt shell- 
ing season. l'>ach ap])lication, so far as practicable, will be attended to in the order of its date." 

"The foregoing table affords the ground for the assum])tion that by the time of the opening 
of spring work, in iss.i, forty-five thousand (45,000) acres of ground will have been deeded to 
aiiplicants by tlu^ commissioners. These, with the forty-five thousand (4"),0(»()) acres deeded by 



llic (owns prior to .May, Issi.will show nii ;vu-grepito of iiini'l y tlioiiSMiid iIhi.oiiih ;iri-cs licld l>y 
ciiltivators under .Slate jurisdictiou." 

•• Of this vast area a lary-e iiortion has been cleared up and shelled. ()nefiriii has laid down 
■-'■"(n, 000 bushels of sh(>lls. Several large growers hav(^ laid down as juany as -joo.ooo bushels 
each. .\ still largei- number liave scattered 100,000; .■)(!, 000 and •_'(). ooo i-ach. 'i'hert^are alxnd -".O 
steamers engaged in the business, liesides a very largf- number of sailing vessels. Sliells that 
but a feM' years ago were alnu^st worthless have increas(Hl in value, and are sought aftei- fai' and 
near. It is estiniat(>d by coniiieient Judges that the iiund)er of acres under cultivation is at least 
doiible what it was one yeai' ago. With trifling excei)tioi:s good sets liave been secui'erl njion 
the beds, and if no unusual aciddenls occur, the cro]i, tlu' ne.xt two years, will be enornn»n>^. 
( )iie culti\ator alone looks for no less than 1,000, OIK » bush ids of marketabl(> natives from his i>wn 
gi'ounds. Scn^eral other Lirowers, iiuli\'iduals and companies a I'e lo<ikingfor lilvclai-ge cro]is,aud 
all are planning to still fnrthiM- extend their farms." 

'i'lie new law luis been in for<-e for less tlian three years, yet a ^vriter in the Xew ilaxeu 
I'alladium tliis snuinun- gives the following brief but signifi<'aut statement of the result : 

'■ I'Mfty thousand acres of entircdy barren ground, covered -'lo, h) and '>() feet deep by th(> 
waters of l>ong Island Sinnid, ha\'e been made into productive oyster beds, and have multiplied 
by a hundredfold the product ion of the native oysters. Ten yeai's ago tens of thousands of 
i)ushels of oysters wvvt' impoited fi-om New York, New Jersey and Rhode Island, and now hun- 
dreds of thousands of liusliels are yearly e.xported to these States and to Massachusetts. Mil- 
lions of d(dlars are now in\esled in the industry, thousands of men and women ar(^ emjiloyed, 
millions of linshels are in growing crojis, and hundredsof thousands of dollars yearly come into 
the State as ]iroceeds of e.xixirted oysters. The oyster cidtivators have paid more than !ji!.")0,ooO 
to the towns and to the State for ground to I'ultivate, and ])ay a yeaidy tax to a large ann)unt." 

The foUowing account of th(> method of laying out and stockiug a deep-water oyster farm in 
i'onnecticnt, and the statenuMd of the attendent e.xpenses. is copied fi'om Ingei'soll's "l!e]>ort on 
the Oyster Industry of the I'nited Stales:" 

'■The ])roccss by which a man secui-es a large (juantit)' of land outside has been described. 
It is thought hardly woi'tli trying unless at least -')0 acres are obtained, and nuiny of the oyster- 
farmers have nioi'e than loii acres. These large tracts, howrncr, are not always in oiu' piece, 
though the etfort is to get as miudi together as jiossilile. He olitains the position of liis ground, 
as near as he can. by ranges on the neighboring shores, as described in his leases, and ]daces 
luioys to mark his Ixinndaries. Then he ]daces other buoys within, so as to divide his property 
uji into squares, an aci-e or so in size. In this way he knows where he is as h(> proceeds in his 
labors. Having done this, he is I'cady to begin his active jireparations to found an oyst<M*- 
colony." 

'•The bottom of the sound o))i)oslte New Haven, as I have said, is much of it smooth, 
hard saud,Avith o(!casional little patches of inud, but with few rocks. The depth varies from 2') 
to 10 feet. This area is almost totally void of life, and no oysters whatever were ever found 
there, except after some • duni])s " were made cndside the light-house, by the dredging boats 
which had been cleaning out the chanmd and deposited many living oysters along with the other 
dredgings in the offiug. These dumps very soon became, in this way, oyster-beds, supplying a 
considerable quantity of seed, which was public property, to be had for the dredging, and taking 
I heir share in the incessaid coidroversies as bones of contention." 

Preparaftun of a (J('t]>-UHUf'r oijxier-fdnii . — ■■ When a cultivator begins the preparation of 
a deep-water farm, his lirst act is to scatter over it. in the spring (about May), a quantity of full- 
sized, healthy, native oystiu's, whi<di he calls ' si)awners.' The amount of these that he scatters 
ilepends on his circumstances ; from :;o to -"lO bushels to the ;o-i-e is considered a fair allowance 



lu'i'c. I l)i_>licv('. TJic rule j<. 1 Imslii'l of spawiicrs to l(i Imslicls of (Miltch. lie now waits iiutir 
early in .liily (from tin' 'itli to the l.")tli is cousidrrcil the most favorable tiini'i. wIk.'u he thiiiUs 
liis spawiiei's iinist lie rrady to rmit tlicii- sjiat. ili' then employs all liis sloops, and hires extra 
vessels and mrn, To take down to tlic liarlxu- the tons of slndls lie has lieen sasini;' up all Avintcr. 
and disti'ibiitc them broadcast over the whole tract of land he proposes to iuipr()V(.' that year_ 
These sliells ai'e clean, and fall riy-ht alonn'sidc of the motlier-oyst<'rs jirevionsly deposited. 
'Hie cliances arc fai'- for catchiu!^- of spawn. S<lmctinH^s the same plan is jiursned with seed that 
has iii-own s]iarin,u'ly n]ion a jiiecc of i^i'onnd : or yonn^' oysters arc scattered as spawuers, and tin- 
ownei- waits until the uc.vt season before he shells the.trac.t. Sometimes tliere must be a 
l>reparation of tlic izronud, l)cfore any operations can lie licunn njion it, by elaborate dred.iiinK or 
otlierwise. Witliin tlic harboi', for instance, consideraljle muddy bottom has lieeii utilized by 
first paviiit;' it with coarse beach-sand. No spot where tliere is not a swift current, is coii.sidered 
worth tliis trouble. The i)ropei- amount is 'jno tons of sand to the acre, which can l)e spread at 
the i-ate of five-shariue-loads a day. at no great exi)eiise. 'I'lie sand forms a crust uiion tlie mud 
firm euouii'h to kec]i tlie oystei' fi-om siid\inL;', and it need not be i-enewed more than on<-e in 
five years." 

"IC.rpeii.sf of a II Oi/sler Fanii. — In eitliei- case, Ihereiore, tin' ]dauter's expense has not been 
enormous. 1 jjreseut herewith two stateuu^nts of tlie outlay under the opei-ations outlined 
abo\-e, which are as follows: 

Xii. 1. — Fiftij Jc/v.v. 

•J.OII" Inisliels sp;ivvncr.«, ul :!<! 'I'las % li(M) Oil 

" l.>,i)0(> liushcls shells, at Scents 4.5U (lO 

PlaiitiiiL' 15,01") Ijii^litrls shells, at 4 eent< il<»0 00 

.«l,(i.')0 00 

.y^;. '1. — !<i.vtil Acres. 

•..'.OiiO hii>lji-ls <if si.;nviicis, .'it -"iOi cents 1.130 00 

17.000 bushels of shells, :U.4 cents (WO 00 

4,4".:^ Imshels 13riil.!.'eiK.nseeil, at 111 cents 44.'5 .■!(> 

$2,305 :;0 

■ 1 n a t liird case. ( apt. ( ;e(u-ge II. Townseud i;ave me a statement of the expense.s of starting- 
a farm of 2"i a<-res. olf the mouth of Ivist Haven Kiver. This was a more elaborate arrange- 
ment. I»ut on the othei- hand w as ai'complished, tlirough a \ ttriety of favorable conditions, cheaper 
than would htive beiMi possible with ground otherwise situated : 

•.',000 bushels small river oj'.sters. at '-'.i cents $ ■'iOO OH 

Spreading same and stakiuf?, at ."i cents 1(0 t"t 

(100 bushels dredged seed, at 40 cents '.MO 00 

1(1,(100 bnsliels 1)1' sliells, put dnwn at 4 eeiils 400(1(1 

$l,-.'40 dO 
•• T think it would not be unfair to tiverage the cost of securing, surveying iind ]u-eiiariug 
the deep)-water beds at alxnit §4(1 an acre, or about !?4,(l()(l for Kid ticres. To this must he added 
about !?■-' an acre for ground surveys, buoys, antdiors, etc l!ut now tliat he has got his set every- 
wlu're upon this •')(> acres (d' shells, the [)lanterV anxieties have just begun. The infant molltisk,. 
when first it takes hold upon the stool, the merest speck upon the surface of tlie white sliell, 
is exceedingly teudei-. The chances in its favor in the race against its numberless adversaries^ 
are extremely few, almost as few as befriended the ^^^^ when first it left the protection of the 
mother-mantle. The longer it lives the better are its chances, but the tender age lasts all 
through the autumn and until it has attained the size of a (piarter-dollar piece. After that it 
will withstand ordinary discouragements. It often liap)pens, therefore, that the 'splendid set' 
l^roves a didusion. and (Jhristmas sees the boasted bed a barren waste. The cultivator finds his 



Kil 

Work as I'isivy ;i^ miiiiii!.;-. ■ ^'oii rau'l sec iiild t 111- walci-.' Iif says ; and llir in iiicr (philo hark 
lii.s pi'ovci-ii. ■ ^'oii can't sec inid the u'l'tniinl.' A snHicii'ut I'ausc may nsnally 1)e assi^-ncd inr tin; 
di'atli of larn'c distrirts ol' inl'ant nyslci-s wliicli apiicarcd (o li-ct a L;'i)i>d start. Starsaiion is 
]>robal)l\' till' trnt' cxidaiiation. Sonn' cs il lairrcnt l)iin' away frnni tlicni tin- nrccssai'N' lond. lii 
oilier cases speci (ic causes, the most ]iot cut el' wliiidi are storms, can l)e |i()iiil(. d (int." 

'' Viflssi/ ii(/i's (I iifl L'lssi's of ( l;/sh'r-l'!ii III i iKj. — In tlie fall, jnst when tlie ydinin' nysfer- 
beds are in tlieir most did lea tc condil inn, (ic(air the most dcst rnc ti\(' u'a ii's t hat alilict t lie ( 'oii- 
necticiit coast. Tliey blow IVom the soni liwcst, and i f, as occa,siona,lly iiapiims, t hey CoUow a -t ill" 
southeaster. ])i'odii('iiii; a ci-oss-sea of the worst charai'tcr. 'I"he water is lln-own into a turmoil 
to a de]itli, ill some cases, of four or li\ c fat homs, and c\ cry w here between that a nd the beaidi 
tlie oyster-beds are torn to pieces, all boiimbi ries are dissol\cd, and wind i-ows of oysters conta i niii.LC 
thousands of bushels, are cast up ahuii;- the whole extent of the bea<di. .Mthoiiii'h so .t;'reat a 
disaster as this is rare, it (hies occasionally lia|i]ien, and hardly a \\'iiiter passes without moieor 
less shiftin.u' of beds or ot lier daiua<.i'e bytemiiest. The biiryiiii;'of beds under di'ifled sa nd is 
more uncommon off New llaAcn than easterly; bill in tlie harbor, where th.' liotlom is --oft, 
mud is often carried upon the be(l> to such an exlenl as to >niot her, if not wholly to hide, I he 
oyster. All that part of the harbor near the mouth of West Uiscr is so liable to this accident 
that oystermeii have abaiuhmed that district altogether, it is belicNcd I)\- many tliat the beds 
iu the sound, in water uiore tliau twenty-five fet^t dee|i. are safe from disturbance from L;ales; 
but others deeliue to ]iut their faith iu any deiiththus far planted. I'^reipnuitly oysters cast up 
by storms, if attended to iniiuediately, can be saxcd and replanted with profit."' 

•' ^[(imuji^inent (tf the Oijxier-Faiiii . — llavin.i;' secured a colony of y(iun.i;- oysters u|ioii the 
stools which have been laid down for them, they are leftaloiie until they attain the a.^'e of three, 
four or five years, accordiiii;' to their thrift and the trade fm- which they are designated, by tln^ 
end of which time they ha\(' rea(died a lar.n'e size and dt'gree of fatness, if the season has been 
favorable. If, as is larg-idy done by those planters who live at Oystei' Point, the o^'sters are to 
be sold as seed to Providence River or other planters, they are taken up A\hen only one or 
two years' ohh .\'ot a ,i;'reat (piautity of this seed was so dis]iosed of last year — not o\ cr -Jo.ooo 
bushels, I should say. It is not considered, as a rule, so protttable as to wait for the maturity 
of the stixdv." 

Si;cTioN 1\'. — Tin: •)^•s|■|;l; iMUsrnv anh ()^s■|■|■.l; I.,a\\soi' \i:\\ ^■(u;K. 

In early da,ys the waters of the vicinity of the city of New ^'ork abounded in oystiM-s, and 
most of the early writers speak of their line tla\'or and t^'reat size and abundance. As early as 
ITl") the colonists beyan to be alarmed by the diminution of the suiijily and it was biiind neces- 
sary to pass the followiiii;' law: '•l-'rmn and after the pulilication of this act it shall not be law- 
ful for any person or pei'sons wliatever, native free Indians only excepted, fnnii and after tlie 
first day of ^lay until the lirst day of September, anually, to gather, rake, take up or bring to 
the market any oysters whatever, under the iienalty of twenty shillings for every offense, to be 
recovered Ijefore any of Ills >hi.iesty's .lustices of the jieace, wh(_) are hereby authorized and re- 
(piired to hear and tinally (h'termine the same, one-half thereof to turn to him or them 
that shall bring the same to effect and the other half to the poor of the plae(> where the offense 
shall have been committed. And it shall not lie lawful forany negro, rndiaiior mulatto sla\e ti* 
sell any oysters in the city of New Ym-lc at any time whatsoever, under the X't'ualty of twenty 
shillings for every offense, to T>e paid by the master or mistress of such slave or slaves, to lie re- 
covered and a]iiilied as aforesaid." ina-ersoll says this is tlie first oyster law which was jiassed 
in thi" (-(niutrv. 



1(52 

Afauy of the natural beds in these waters Jiave been entirely exterminated, bnt notwith- 
standing the great drain npon them which has followed the growth of the city of New York, 
many of the beds in East IJiver and npon the sonth shore of Coney Island are still in a 
prosperous condition, and continue to yield iine oysters for food as well as a valuable supply of 
seed oysters for planting. The preservation of these beds is no donbt due in part to the pro- 
hibition of dredging, but chiefly to tlie fact that for the last fifty years their fertility has been 
increased l)y the practice of shelling Iheni just before tlie spawning season, and thus securing 
the attachment iind growth of a great numl)er of young which would be lost M'ithout this arti- 
ficial aid. 

'i'he methods oi oyster farming which are employed by tlie cultivators of New York are 
fully described in our chapter on oyster farming, and it is only necessary to sny here that these 
efforts have resulted in the pres(n-vatiou of beds which, owing to their proximity to the great 
centre of commerce and population, have been very heavily taxed ])y the demands which liave 
been made upon them. , 

1,.\\\S (IK Ni;\V V()1!K. 

Xo person who has not been a resident of the State for six months can take oysters within 
tlie State, unless such non-resident is employed by a resident. 

No dredge operated by steam, or weighing more than thirty pounds, can be used. 

No natural bed (:aii be used for planting or can be staked off for private use. 

No non-resident (;aii plant oysters in the waters surroimding Staten Island without the con- 
sent of the owner, and no iKni-resident can take oysters from the natural beds in the same waters. 

Xo person is allowed to dredge on the natural beds in the vicinity of Staten Island. 

Any owner of land adjoining Harlem Iliver may plant oysters in front of Iiis property where 
the gi-ound is not occupied, iuid im person cm tike oysteis from such ground without his 
liermission, under a penalty of §-'J(i. 

The penalty for catching ov dredging oysters on private grounds in Kast Paver is a fine of 
not more than $250, or imprisonment for six months, or both. 

In Queen's county, any resident may plant oysters in any public waters where there are no 
natural beds, but no ])erson cnn hold more than three acres, nov can he hold it unless he uses it 
for planting. 

No person is allowiMl to take oysters in Great Soutlv Bay, Long Island, with a dredge, or in 
the night, or between .lune !•") and September 15, under a peiiElty of a fine of §5250, imprisonment 
for six months, and an additional fine of ^IW) for each offense: half the penalty goes to the 
infoianer. 

In Suffolk C()unt\' any five or more persons who hold oyster lots may form a company or 
corporation for the jiromotion of oyster culture in these lots. 

The towns of IJabyloii and Islip, in Suffolk county, have a special law, which is sulistaii- 
tially as follows : 

"Any ])ersou who is of age, and who has been an inhabitant of the county for a year, may 
appropriate four acres, 'where the taking of clams cannot be profitably followed as a business,' 
and upon the payment of !jl per acre annual rent and the costs of surveying he has the exclu- 
sive use of the land fen- tlu^ cultivation of oysters so long as he keeps it marked out and 
remains an inhabitant of the county, but he is required to pay his annual rent on or before tlie 
first day of .Vpril, and to plant at least lOd bushels of oysters and shells on the ground within 
one year of the date of his certificate, and incase of failure (he Oyster ('ommissidiici's liave 
the power to terminate the lease." 



k;:; 

^iTZ "Any person laay sell and assiii'i; his iuterost in private oyster utoiiikI in any inlialiilaiit 
of the connty for one year, bnt no person can at one time hold more than four ai-n's." 

There are three commissioners appointed by the town auditors, with power t^t dett-rmine 
what iiTounds shall be appropriated, to make surveys and mai>s, to settle disput(>s re,<>-ardinn' 
bmindaries, and to receive money. 

TJie unlawful taking or disturbance of oysters on private Ki'ounds is i)unished liy a fine of 
not less than §100, or liy imprisonment for not more than (iO days, or l)oth. 

There is no oyster police, lint the ])laiiters have fornu'd a ])rotective association and (>mploy 
pri\ate watchmen. 

Any inhabitant of the towns of IIem])stead and .laniaica, in ( Jueen's county, may api)ropriate 
three acres of any lands which are not already appropriated f<ii' the cultivation of oysters, and 
upon the payment of an annual rent of ij^') per acre he has tlie ri^ht to use the land for this 
purpose so long as he remains an inhabitant of the towns. No dredyiny is allowed in these 
waters umler a penalty of .?loo fine, or sixty days imprisonment, or both, and the taking or 
disturliauce of oysters in ])riva.te beds is puuislied by 9100 fine, to he recovered by the owner. 



Skci'io.x V. — TiiK Oystkk Ixiusiky ami Ovstki; Laws ok Nkw .Ikiiskv, (Jo.ndk.nskd kkom 
1.\oki!s(i],l's " Kki'oi.t ox phk Oysiek IxnrsTUv ok tiik United States." 

In certain counties the (dosed season is from May 1 to Seiitember 1 ; in others, fnnn July 1 
to September 1, and in others, from May 1 to October l,and there is a fine of $10 for each offense ; 
but a holder of a private bed may take oysters at any time. Jn C'umberland county the taking 
of oysters on Sunday or in the night is imnished l)y a fine of not more than $")00, and by impris- 
onment. There is a penalty of Sn for offering oysters for sale, except from private beds, during 
the (dosed season. 

Itesidents are allowed It) dredge in certain parts of iHdaware W.iy. but no l)oat is permitted 
even to carry a dredge in any other waters, under a penalty of iif-'iO line. 

There is a, penally of S.")0 for gathering oysters to l)e made into linu' or used in the manu- 
facture of iron. 

No one except a six-nmnths' resident of the State is allowed to take oysters foi' himself or 
his employer, under a penalty of S].")!! fine or imprisonment, and the forfeiture of the boat and 
all appiaratns used. 

Any person may eiudose any creeks. dit(dies (n-jionds which lie within the bouiuls of his own 
land above any public landing, lV)r oyster culture, whether there are natural oysters in them or 
not, and trespass upon such grounds or injury to the enclosure is punishable by a fine of §loo or 
imprisonnrent for six months, or both : but free navigation cannot bo obstructed by oyster 
enclosures. 

"No person shall take away from any natural oyster baidv or bed, which is not private 
propei-ty, any old (lyster shells wlii(di can be separated from the oysters without injurinu' them 
and all such sliells must be culled and thrown back upon the natural beds, mider a iienalty of 
Slo fine and the forfeiture of tlie boat and apiiaratns." 

The oyster beds of the .'iea-coast of New Jers(\v are governed by the general laws which have 
just been given, together M'ith a few local laws, and no dredging is allowed, wliile the fisheries 
upon Delaware Bay have another set of laws, Avhich will l)e noticed soon. 

The oyster industry of tiie sea-coast consists in part of fishing upon the public natural lieds, 
and in i)art of oyst(n' farming and oyster jilanting. 

The natural beds along the coast arc numerous and valuable, and they formerly abounded 
in large, fine oysters, but for many years they have furnished scarcely any oysters large enough 



Iii4 

for I'ooil, and they are valuable only ar* a mipply of youny seed, for planting-, and iis most of tlie- 
sliells have been removed from these beds, toiiether with th(> oysters, their vabie even as a seed 
sui)])ly has liceii yreatly imimiri'd. 

Kxperimeuts hiive shott'ii tliat 1( is easy (o gTeatly increase the yield of the ])nblie natural 
T)('ds of New .lei'scy. l)y shcllinii- them, but as public sentiment is averse (o any jirivate 
enterprise in this direction, the yoiuii^' oysters are usually st(den as soon as they are laru-(^ 
enouti'li to handle; buf in (Ireat Kixy: Harbor li' i\er sevei'al nnui ha\'e, withiu a few >'ears, ninler- 
takeu to ra.is(> yonui^- oysters by planting' sludls, and thns catrhiiiu' the tloaiiui;- y(nm.u;-, and they 
have no dlHIcnlty in thus catchiui;- every year an ahiiudant supply of yonui;- oysters, whicdi they 
sell to the planters. 

The ]ilantin,n' industry of the sea-coast sujijiorts alxud nine lunulred families, and about 
77,"i( Id bushels of ("hesaiieake liay oysters and i;")*!,!)!)!) 1)ns]i(ds of naliveseed are a.miually planted, 
the latter ( liielly from the natural beds of the Stat(\ 'I'ln; value of the planted oyster to the 
l)huiters is alnnit §;]1(),()00 a year. 

The phrntiuK industry is regulated by the Stale laws, Avhicli have already been nd'erred to,, 
and by local laws, amoui;- which are the followini;' : 

In ISTO a law was jiassed alhiwin^- the board of freeholders of ^roiinnuith county to occupy 
for twenty years tlie i;T(nmds in Sliark River, and to appoint commissioners to survey these 
.arounds and divide them into two-acre lots, to l)t^ rented to citizens at pul)lic anction for from 
one to five years, with powei- to renew for ten years more. The commissioners have power to 
enforce the laws and collect rents and hues, whi(di are paid to the c-edit of the scdiool fund. 

In bS77 two hundn'd lots were leased nnder this law at an averayv rental of two dollars a 
year." 

In I',ariH'i;-at I '>ay oyster planting has I)een in existence for more tlum fifty years, and the 
law allows any citizen of the Stafe and resident of the county to stake otf two acres withiu three 
hundred yards of the shore for the cultivation of oysters, whether oysters naturally tiTew there 
or not, and to have the e.\clnsivt> riu-ht to the groniul. The penaltie^s for the viohvtion of this 
riuht art- adecpiate, but public sentinu'ut is opposed to the execution of the law, and no man is 
wjlliuii- to risk his numey in plantinu'. The industry was formerly very prosperous, but wliile 
there are hundreds of acres of i^-ood bottom lyiny idle and pleidy of capital ready to l)e emidoyed 
tin- l>usiuess has ilwiudled away and is now of little importance. 

iHi: ov>Ti:i: i'Isukuiks or thk stati: ok .nkw .ii:i:si;v ix nKi,.\w.\Kr, r.w. 

The whole eastern shore of Delaware Hay abounds in natural oyster beds, which fornu>rly 
yielded lartie, fine oysters, but few of thenv now furnish oysters larii,-e enough for market, 
although they yield annually, according to InL;-ers(drs re])ort, about L',4nu,(»(Hi bnsluds of seed, 
wliich is i)lanted ni)on about (i,<)n() acres of private ground, and is ultimately sold by the planters 
for about ii?I,(i()(),il()(>. .Vbout l,(iOO families are supported by the b'nsiness, whicli is maiuiged 
under the following law, passed in IS-^fi: 

Section i. Authorizes the lioard ot chosen freeholders of Cuml)erland county to occupy tor twenty years, for 
the use hereinafter stated, Maurice River cove within the following boundaries: "Beginning at low-vvfater mark, 
directly opposite East Point, in the township of .Maurice River, Cumberland county, and running thence a south 
course to the main ship channel ; thence by a straight line to low-water mark, direcdy opposite to B^gg Island Point, 
in the township of Downe, in said county, and thence by low-water mark the several courses and distances of the 
shore bordering on the said cove, and covering the mouths of the se\eral streams that empty into said cove, to the 
place of beginning." But the " natural oyster beds in Maurice River cove or Delaware Bay, known severally as the 
East Point beds, .-Andrews' Ditch beds, the Pepper beds, the Ballast beds, and the beds that fall bare at low tide^ 



It;.-) 

shall lu^t \)c occupied for planting oysters, nor dredged u[)on, nor slia'd oysters be taken Ironi the said beds, nor from 
any of the rivers of creeks of Cumberland county, for the purpose of planting (but all cili/.ens of this State shall 
have free access to them to catch oysters for their own use)," under heavy penalties lor violation. 

Skc. J. Authorizes the board of chosen freeholders of Cundieiland ( ounty to appoint one or more prrsons, 
holding office for one vear, to stake otf the said rove and make a surve\- and map o( the shores and land covered 
with water, a copy <Jt whi(di shall be tiled in tlie county clerk's orti<e, and " lay otf and caused to be marked by 
stakes such subdivisions of said cove, not cxceedmg ten acres each, as in their discretion shall seem best ilesigiied to 
promote the planting and growth of ovsters : pio;idcd. the navigation ot said cove be in nowise obstructed ihcrtby ; 
provided, that no person shall own more than ten acres and no company more than thirty acres." 

Skc 3. And it shall be lawlul for the said commissioners, after subdividing the said cove, as aforesaid, to 
lease the same at public vendue to the highest Ijidders, tor not less than one nor more than five years ; the bidders 
shall m all cases be cili/cns t>\ the State, and shall pay the sum bid annuall\- during the term ot the lease. Upon the 
payment or securing the |)ayment of the annual rent, the bidder shall be entitled to the exclusive use of the de>ig- 
nated land for the purpose of planting oysters during the term specifieti in the lease. 

Skc. 4. Makes the pcn.ilty tor trespassing upon or removing oysters from the leased oyster lots, without written 
permission of the owner, liability to treble damages ; for second ortense tine not exceeding $ 1 00, impris(jnmriu lor 
60 days, or both. 

Skc. 5. Enjoins upon the commissioners the entorcing ol penalties and torlcitures against non-resident ofi'enders 
and the collection of rents due : alter paying needful expenses and receiving compensation awarded by the board of 
chosen freeholders, the residue ot money collected shall be applied to the public school fund. 

Sicc. 6. The commissioners shall make an annual repoit, under oath, of their proceedings and monev Uan^- 
actions. 

She. 7. K.xcepts all natural beds from the operations ol this law, which took effect .-Vpril 1, 1S57. 

SUI'l'LE.MK.S IS. 

Skc. 8. Every boat or \ essel lawfully catching, planting and growing oysters on the flats and grounds of Del.i- 
ware Bay and Maurice Ri\ cr Cove, adjoining the counties of Cumberland and Cape May, shall be assessed annuallv 
$5 upon all Loats and vessels not exceeding five tons, and $1 per ton, customdiouse measurement, upon all boats 
and vessels exceeding ten tons 'I'his assessment to be paid by the master of the \cssel to the collector of the o) ster 
fund between March i and May 1 of each year. 

Skc. 10. Provides that the said special officer shall occupy an office at Port Norris, where complaints ot the 
yiolation of the oyster laws may be made. This officer may "arrest any person or persons found stealing ovsters in 
Maurice Ri\cr Cove or Delaware J!ay, or from the banks in Maurice River, or in anv o{ the nvers or creeks uf 
Cumberland County; and any [n-rson or persons convictcc.l of such offense shall, for every bushel of oysters found in 
his or their possession, ijay the sum of $1.50, aii<l shall also, for every such otifense, fbsfcit and pav the sum of .$100. 
It shall be the dut\' of all citi/.tns, when called upon, to aid the special officer in making seizures or arrests, and any 
citizen, or captain, or commander of sail or steam \ essel who refuses said aid shall |ku- .$50 fine. 

Skc. 1 1. Appoints a collector of the oyster fund of .Mauric e River Co\ e,who shall assess and collect all dues Iruin 
vessels; shall issue certified licenses, holding force for one year, to all captains of uoats aiul vessels who shall pay the 
taxes heretofore required, permitting them to engage in catching or planting oysters; shall refuse licenses to all boats 
or vessels not complying with the conditions of this act; shall pay the salary and expenses incurred by the special 
officer: and shall himself receive for this service 5 per centum of all moneys he collects. 

Skc. 12. The collector shall keep true records of his transactions, record all licenses, etc., and lurni>h bonds in 
$2,000 for the faithful performance of these duties. 

Skc. 13. Every captain, upon taking out the beforementioned license, shall take oath that he will at all times 
dilligently aid in the enforcement of the laws of .\ew Jersey for the preservation of clams and oysters, and wiii 
promptly report to the special officer any knowledge of any violation of said laws ; and any captain refusing to take 
out said license and make said oath, shall forfeit his right to catch or plant oysters in Delaware Bav or Maurice River 
Cove, ami if found doing so shall incur the penalties of a trespasser as heretofore prescribed. 

Sec. 14. Tfie proceeds ol all property seized and sold shall be paid to the collector for the benefit ot the ovstcr 
fund. {.■Vs a rule, onediall of all fines are similarly appropriated.; 



Ski . 15. All persDns growing ovsters in Maurice River cove are autliorized to meet annually on the first Tues- 
day of March, at Fort Norris, and, having organized into a meeting, they may elect by ballot a special officer and a 
<:ollL'<-tor, to scr\e tor one }ear ensuing, ht a salary uliich nia\ then be fixed ; and shall elect an auditing committee 
of fi\e mcmliers, whose ikily it shall be to examine and audit the accounts and \ouchers of the collector of the oyster 
fund, and report upon them at each annual meeting. This meeting is also authori/ed, by the consent of trto-thirds 
of those present and entitled to vote, to raise a tax of $ i ]ier ton per annum upon all boats of over five tons meas- 
urement, in adiliti(Hi to the tax heretofore imposed In- this act ; said additional tax to be imposed for one year only 
at a time, and not to be continued except by consent of tuo-thirds of the \oters at a sub-^eiiuent meeting. 

Skc. 16. Whenever, at the end of a fiscal year, the oyster fund, alter ex|)enses are paid, shall exceed $2,000, the 
collector shall pay the same to the State treasurer, to be applied to the support of the schools ol the State. 

Sec. 17. Forbid^ catching oysters '-in Maurice Ri\-er Cove or on any planting ground in Delaware Bay," 
between sunset anil sunrise, under penalty of $50. 

Sic. 18 Enacts that e\erv boat or \essel lawfully catching or jjlanting oysters in Delaware Bay, to which a 
license is <,n\en, (as heretofore.) '■shall wear in the middle of the mainsail * * '■■'■ a number painted in black. 18 
inches long, and to be designated by the license.'' 

:;:«.** * * * * * * -,1: * * 

Six. 20. Makes it lawful for an\- |ier,,i)n who has been a resident of the State for six months to make written 
application to the clerk of the Court of Common Pleas of the county in this State, where the applicant resides, for a 
certificate setting forth that the applicant is a resident, (as above,) is not engaged in planting oysters or clams, but 
(lesires to rake shell-fish within the waters of this State Irom the natural beds in Delaware Bay, and designating the 
boat whi( h he intends to make use ot. 

Skc. 21. The clerk aforesaid having satisfied himself of the truth of the applicant's statement shall thereupon 
issue to him a certificate stating the lacts above. 

Sij . 22. Upon presentation of this certificate to the oyster-fund collector of Cumberland county it shall be the 
dutv of that olficer to issue to the applicant, without charge, except for fees, a license to gather clams, oysters and 
.shell-fish u[)on the natural beds in Maurice River co\ e and Delaware Bay. on board the boat named in the license. 

Skc. 23. Stipulates small fees. 

SiA. 24. Niiihing herein shall aflect the forte of section i of the .Act of 1S46. 

7'hf' ()//.\-ler///eii\s- Associafioit — Sj^ecial JAcense.H. — I'lidci- this law an association of oyster- 
mmi was formed, and is still in existonco. Eiicli year the board of twelve directors fixes the 
rate of taxation iii)on the vessels in the association whiclt is deemed needfid to cover the 
expenses of the association. The chief oiillay and main ob.ject of tlie association ;ind fnnd is 
the providiiia- of a watch-lioat and police i-rew, wliich shall watch the beds in the cove a^uiust 
thieves and arrest all boats that do not show, by a number in tln^ middle of the mainsail, that 
they have a license. Last year ( l.S7!i), from :i-!7 l)oats licensed, about .f!2,0(il) Avas collected by 
Mr. Benjamin Campbell, collect<n- at Port Norris. 'ihis year (bS80) the fee is oO cents per ton, 
custom-house measurement, ami tin' total fees will amnunt to more than before, since 'i-i") 
boats are alread licensed. 

".\s usual, where the oyster business has become of ti'reat dimensions and iilantinu' is car- 
ried on on a laruc scale, there are a number of persons who are, to a grt>ater or less extent, 
deprived of real or imauinary lieuetits and iirivileyes which they enjoyed mider a more primi- 
tive condititni of things. From the enclosed river and ponds, and also from the outside waters 
of the bay southward of Egg Island, large numbers of large-sized and sweet oysters luive always 
been taken and sent to uiarket or yieddled thrtuigh the neighborhood. When planting beds were 
so greatly increased in Maurice Iviver Cove the shore people found that tlu' diligent search for 
young oysters thnnigh the marshes, and the persistent dredging during three-fourths of the year, 
were sensibly diminishing the supply of marketable oysters attainable by the snuxll open boats. 
Of these there are fifty or more owned alon,g shore. The are too small to come under the Asso- 
ciation's tax ; do not belong to planters, but are owned by men who live near the shore, andgaiu 
a large jnirt of their livelihood by longing and hiind-dredginu'. These people, owing to niisfor- 



1«7 

tune or ini]>r(:i\i(l<'nco, ;ii'i' too ])(>ov to plant ; but nan do well if tliey are allowi^d tocatcl) all t!ii> 
year round in the sontlieru part of tlie bay, where all the oysters taken are of inarketable size. 
For the protection of this class, therefore, ayainst any possible rapacity of more fortunate and 
|iowci-ful nei.i;h])ors, the Lci,nslatui'e this year passed a law ^\•hi('h ,sj'i\-es general satisfaction. 
Thi> makes it unlawful ' to catch oysters from any of the natural lieds i n Delaware I'ay, luu'th 
of ;i line beariutr southwest from the mouth of Sow and Piy's Creek, in the County oi' Cumber- 
land, from the last day of .lunc in each year to the fii'st day of April in the succeediui;' year, and 
no o\'sters shall be caught soutli of said line for the purjiose of plantinu- at any season of the 
Near; and any person otlVudiut;- au-ainst either of the jirovisions of this secti(Ui shall lie deemed 
i^iiilly of a misdemeanor.' i'nnisliments arc a line of Sloo. or imin'isonnieid. with forfeiture of 
till' craft and all its funiiiiire." 



.Si;! rioN \'i. — 'I'm.; ()^■s■|■l;l; iNDisiin- ash ()>>ri;i; Laav.- nv lb:i,A\vAKi;, C<)MU'.n>i:i) i'Ijom 
1 N(;i;i;sni.i.'s K' i;i'ni;i' ii.\ tiik <)\srKi; TNin>-'ri;\' oi' iiik CmikI' Statks. 

■j'he natural Ijeds of tills .state are snuill and unimportant, covering' less than 'iiiO acres in 
all. lint the planting industry is well developed, occupyiuij :!,00(> acres, employin.t;' il'J-") men, 
paying- §5117, (»00 wages, and returninu- to the planters alxuit ^.Sdii.ooo, of which nearly ,?.")()( ),()()() i.s 
profit. 

i'he natural beds furnish a very small part of the seed which is used for ])hniting, most of 
wliicli comes from the Chesapeake^ Hay. 

Of the 1,0()(),0()0 bushels of seed which is planted aniiiialiy. 
488.88(1 biisliels ;irt' IVom MHryland. 

31.^),8'3( Virmiiia. 

210,0110 •• " '■ Delaware. 
100,000 " " " New Jersc}'. 

1,074,70(1 

.\s tlic ( 'licsapeakc l>a,y oystei-s are. said to cost the I)(dawai'e plantei's only ab(_)ut 'io cents 
per bushel, the returns to the peojile of Maryland, for oysters which yield nearly .*!2-"i( ),(>( l( ) of 
profit to tlic citiz<Mis of I)<da\vare. must be very small indeed ; in fact, as nn)st of tlnun are caji- 
tured by boats which come through the canal into our waters foi- tlic purpose, the only benefit 
to our ]ieopl(' is the State license fee, when this is collected. I'lie licensed boats must of course 
lie owned by citizens of Maryland ; liut e\(>n in this case the sale for ■_'•"> cents of oysters which 
arc r(^sold foi' -SO cents is a gi-eat loss to the State, since a system of oyster jdantin.t;' in our own 
waters would save us tiiis added value. 

( )iie of the most interestin,g fcatui'es of the plantin,!i' Imsiness of Delaware, is the fact tliat 
after a planting ground has been stocked year after year in this way, for ten or fifteen yf^irs, 
even upon muddy bottom, the accumulation of shells gradually hardens the bottom, and fur- 
nishing a suitable surface tVtr the attachment of spat, often converts a mere planting ground 
into a true oyster farm, or artificial " natural " bed. In such a case the law-abiding citizens of 
Delaware do .not dispute the right of the owner, aiul the ground thus liec(unes extremely valua- 
ble, and self-supporting, ft is iirobable that the same result might be reached much more 
(|uicidy by shelling the bottiim thoroughly at the spawuin,u- season. 



I(i8 



].AWS OF HFJ.AW ARK. 



Sicriox I. Forbids anv person not a citi/en of the State to take oysters, or clams, or terrapins in the waters o-f 
the bay without havin,;; a hccnse, which Hcense shall be granted at a cost of $50 by a county clerk of the peace, an(t 
shall be good for one year for the boat named. Violation of this section shall be a misdemeanor, fined $50, and the 
boat and tackle shall be detained for trial before any justice of ihe peace. Towers are given to sheriffs to sei/e, and 
l)enakies for resistance of process are decreed at length. 

Skc. 2 Makes it unlawful for any [jerson not a citi/en of the State to take oysters, clams, or terrapins from any 
"river, creek, or pond withm this State, and put them on board of any boat or vessel not wholly belongmg t.o and 
owned by citizens of this State." Penalties for violation as in sei tion i. 

Sec. 3. All oysters caught in an>' sucli river, creek, or pond (except Mk-spillion or Murderkill creeks), shall be 
culleii at the place where they are caught; and the young and refuse oysteis there deiiositcd. 

Skc-. 4. Forbids taking away from any river, creek, or ])ond (except Delaware and Indian Rivers), more than 20 
bushels of oysters or clams at one time ; and no vessel in any waters of thi^ State shall lie loaded from any vessels 
authorized bv this section to carry 20 bushels or less. 

Si;c, 5. It shall be unlawful for any ]jerson to lake oysters Irom any liver, creek or pond in this State, between 
Ai)ril 30 and September i, or at any time to be planted anywhere else in or out ol the State, or to use a dredge 
there. Violation incurs tines and confiscation of vehicle and oysters obtained. 

Skc. 6. Prohibits selling more than five bushels of oysters from Misspillion creek to be taken out of the State. 

Skc. 7. .\ny citi/en of the State may ap[)ropriate to his own use not e.xceeding an acre of bottom for planting 
oysters, and, having marked the same by stakes or other visible boundaries, and planted oysters therein, it shall be 
unlawful for any other person to take oysters therein growing, under penalty of forfeiting $50 to the tnvner of suck 
j)lantation. P.ut no place shall be so ap])ro|)riated where oysters are growing, or so as to impede navlgati(5n ; nor 
shall more than 40 feet sipiare of Lewes creek lie ajipropriated by any person. 

Skc. 8. Forbids laying out or bedding oysters on the fl.lts, shore or bank rjf any streanu 

Svc. 9. Protects terrapin eggs. 

CH.M'. 55 [. 

Stcno.N 1. Kvery person or company engaged in the business of opening oysters in this State for exportation. 
amounting to more than $500, shall take out a license. 

Skc. 2. This license shall be granted by a clerk of the peace for $30, good lor one year. 
Secs. 3 to 7. Instiuctions to officers, etc. 

l.Wi'S OK 187 I — CH.AK. (). 

Skctui.m I. .\ll oyster plantations, not exceeding 15 acres, heretofore made in Delaware Bay, shall be deemed 
the possession of the respective planters of them, and the oysters thereon shall be their private property, on condrtion 
that rent shall be paid as hereinafter provrdeil, beginnmg May i. 1871. 

Sec. 2. Any person may appropriate nut e.xceeding 15 acres of the free bottlom of Delawar-e Bay, south of 
Reedy Island and west of Blake's Channel, for planting oysters, which shall be properly designated by stakes. This- 
grountl, and the oysters planted thereon, shall be private property. "But before any one shall avail himself ot this 
privilege he shall apply, in writing, to the said collector for a license for that purpose, and pay to said collector the 
sum of $25 as the fee and price therefor, and also the sura of $3 per ton (custom house measuremeiit) for the vessel 
to be employed in the business of planting. The said license shall last only for one year. * * * The jirivilege 
granted by this, and the first section, shall not embrace any portion of the bottom which is a natural oyster bed, and 
has been hitherto u.sed and worked as such, nor shall it be extended beyond the mere right to plant oyster's and hold 
them as property." 

Sec. 3. No person not a resident of the State, or a regularly licensed planter, shall dredge or otherwise take 
oysters from any public oyster bed of this State; penalty, $100 for each day's oflense and forfeiture of all boats and 
tackle. "The fee for license to dredge the public beds shall be $3 per ton (custom-house measurement), * * * 
but such license shall not be taken to authorize the planting of oyste-s '' 



Sec. 4. --The different plantations shall he treated as numbered in tiie oriler in which tlie licenses to |jlanl are 
issued under this act, and the l)oat or vessel used * * * shall wear that nuiiiher painted in lilack, at least iH 
inches hjng, in the middle of her mainsail." ,\nd also "shall wear, in the middle ol her mainsail, a Roman letter 
painted in black, iS in( lies long, to be designated in the li<:ense." 

Si:c. 5 For tlie purpose of pr<Jtecting the oyster beds in the l)a\-, and tlio^e who plant oNsteis under tliis act, 
the collector of license-Ices is instructed to purchase or hire out of the money collected .1 suitable '■watch bo.it.'' 
manned by a captain and two men. She shall be employed night and clay from March i to Se])tember 1, or longer, 
and may call upon an\ other boat's crew to help her as a/('yjv iV'w//.//'//v, in the enforcement ol this act against ircs- 
'pas.sers. 'I'he proceeduig^ to be taken sul)Stri|uent to arrest and upcjn coiuiction, with disposal of hues, are fully 
stated. 

Si.cs. 6, 7, S. Instructions to captain of watch boat as to pow-ers and duties, and statement of f>rm ot pi(i( ceil- 
ings against oftenders, and penalties f >r th<.)se who resist the |)olii e. 

Sec 9. Forbitls (H/v oii<- dredging in July or August, or on Sunday, or between sunset and sunrise. 

Sec. 10. Taking of oysters from another's plantation is ilesignated to be larceny, and punished ai;cordingI\-. 

Sec. II. Fcjrbids deposting o)sters in any streams in this State and taking them up in | uly or .August, except 
with tongs. 

Sec 12. \\-\ oath is reipiired ol every person taking out a license, th.it he will noi violate or ,dlow his vessel to 
be used in violation of this act. 

Sec. 13. -A. license applies to only one vessel, whose name must be stated tlierein. 

Sec. I-).. I'he (ioverncjr shall lurnish suitable licenses in blank to the collector. 

bEC. 15. The collector shall be apfiointed by the governor of the Slate ; he shall take oath of othce .ind gi\e 
penal surety. 

Sec. 16. The duty of the collector shall be to enforce this act ; when so engaged the watch-l>oat shall lie under 
his orders, ami he is clothed with all the needtui powers. 

Sec. 17. Creates a new justice ol the peace at Little Creek Landing, ls,eiit county, specially to administer this 
law. 

Sec. iS. Compensation of collector fi\ed at 5 [ler cent, of moneys collected, not to exceed $1,000: ot caiitain 
of watch-boat, $80 ];er month ; and of crew. $40 per month each, the\' hnding their own boaid, to be paid out of 
funds collected. 

.Sec. 19. Moneys collected to be tor the use of the State, except what is needed for expenses uniler (he acl. 

Sec. 20. Publication of the act 

Skc. 21. yn case of the use (jt a boat of only two tons burden, the license shall cost only $25. 

LAWS OF 1S75. 

SiA Iio-N I. Instructs all oyster-boats acting under Delaware laws not only to cease their occupation, but to be 
taken " within the land " at w before sunset, and the captain of the watch-boat nuisl enforce this. A signal lV)r 
retiring shall be given from the watch boat ; and when that is shown there shall be an end, until sunrise ne.xt dav (not 
Sunday), of all work u[)on the oyster [ilantations or upon the puLilic beds. Such signals shall be the lowering of the 
watch boat's flag. Tnis flag shall be of navy-blue bunting, six feet by four in length, with a diamond of white in the 
center, having a diameter of two feet between the points fiirthest apart. She shall :dway wear it at her maintopmast 
liead daring the working hours, and she shall never leave tlie planting-grounds, but shall cruise up ami down the 
same, if the wind will allow, except when she is compelled, by floating ice, severe stress of weather, accident, or want 
of repairs or supplies, tf oni remaining in the bay, it being the design of jxissing this act, as it was of passing prior acts, 
that honest p.trties who plant oysters under the shield of the State authorities, shall be protected in the rights which 
were intended or hereby meant to be secured to them: ami that offenders against such authority shall be brought to 
condign punishment. 

Secs. 2, 3. Pescribes as penalties for \iolation of section i, annulment of license, forfeiture of boat and 
etjuipnient, anil refusal of license for two years succeeding the ofleiise. I'he exact method of procedure before the 
court, in executing trial and [jenalties, is set forth at length. 

Sec. 4. Where a plantation license has been issued and a ]jlantation ajjjiropriated, and the fee lor any \ear is 
in arrear, no light to dredge or dis[jose of said ijl.mtation shall e.vist until all the back tees are paid up. and no sale 



]70 

or disposal of an oyster planUxtion, or right to dredge it, or plant ii[ion it shall be valid until first approved by the 
collector, who shall not give his approval if, in his judgment, it will be prejudicial to the interests of the State, or of 
planteis whose plantations lie in the neighborhood. 

Sf.c. 5. No boat whatever shall be allowed to work u(]til her owner has complied with the law in regard to 
wearing her number, of legal dimensions, upon her mainsail : and if she attempts to do so she shall be seized by 
the collector or captain of the watch-boat and held until her number is painted upon her sail. 

Six. 6. It shall be the duty of the person for the time being in charge of the watch-boat to report at once to 
the ( ollector all violations, * * * and a failure to do so shall be a forfeiture of any wages that may be due 
him; and further, he shall not be allowed any longer to have charge of the watch-boat, and his place therein shall 
be vacant. * * * The possession or ha\ ing the care and management of any oyster-boat shall, for the purposes 
of this act, be deemed and taken to be conclusive proof of ownership, * * * and all persons on board of her 
at the time of such violation shall be deemed and taken to be principal oft'enders, and be dealt with accordingly. 

Sfx'. 7. It shall be the duty of the collector and the captain of the watch-boat to see that the name of any boat 
employed in planting or dredging for oysters is plainly painted on her stern, and a faihire to do this, or a conceal- 
ment of the name, shall be punished by the annulment of license and a refusal of license ever after. 

Ski. . 8. It shall be the further duty of the collector and captain to ascertain, at least once every month, and 
keep a record thereof, the name of the owner of every Ijoat em|)loyed in the oyster business, and those on board of 
her shall give it to him, and the name given shall be taken to be the true name of such owner, who shall be 
held * * * an accessory before the fact to any violation * * * of this or the aforesaid acts, and liable 
accordingly. In case refusal be made to furnish the name of the owner, or there should be reason to believe that 
the true name is not given, it shall be the duty of those officers, respectively, to immediately take the boat itself into 
his custody, and detain her until the proper and right name be turnished: and to that end he shall have power to 
call upon and require, as he may in e\-er) other case of necessity, the sherifi of the county to aid him, which 
sheriff may employ any force or means whatever for that purpose. 

Skcs. 9 and 10. No license to plant o}'sters shall be granted until the applicant shall furnish the collector with 
a statement of the boat or boats to be employed by him in the business, giving separate name and tonnage, and the 
name of the owner and the persons who are to work her. 

Six. n. The Slate Treasurer shall require from the collector » * * information, on the first day of June 
and September of each year, of the names and residences of all jiersons having license to ])lant oysters or dredge tor 
them, and the names of the boats used in the business. 

Sec. 12. When the captain of the watch-boat has knowledge of a violation of any of the provisions of this or 
the other acts with which this is connected, he shall proceed immediately to seize the boat or boats employed in 
such violation, and hold her or them in his custody until the collector has proceeded to enforce the provisions of 
this and the other of said acts. 

Sf.c. 13. Neither the captain of the watch-boat, nor any of her crew, shall receive any ])ay for time not actually 
and actively spent in the discharge of the duties required by this act, and the act to which this is a supiilement, but 
such time shall be deducted in the computation of their wages. 

Sic. 14. 'I'he captain and crew of the watch-boat shall be practical seamen, and ])art of their duty shall be to 
keep the boat, her apparel, tackle and furniture in good repair and condition, and this without e.xtra charge; and no 
rei)airs involving extra expense shall be m;ide without the t:oncurrence of both the collector and captain, and then 
only such as are authorized by law. 

Si;c. 15. The collector shall issue no license nor permit any boat to dredge until the price or fee for said 
license has been actually paid, and the collector violating this provision shall not only be responsible for said license 
fee, but shall, in addition thereto, forfeit a like sum to the State. 

Si;i . 16. The collector shall keei) a true, accurate list of all licenses issued by him. giving the name of every 
boat and (;aptain thereof, respeciively, with the amount paid for each license, which list he shall publish in at least 
one newspaper in Dover the first week in April and October each year. 

Si;c. 17. The collector shall keep a separate account in the Farmers' Bank at Dover of all moneys received by 
him for license issued, and shall deposit weekly all moneys received by him therefor; and all disbursements which 
he is' or may be authorized by law to make shall be by checks drawn on said fund in his official capacity. , 

Se( . iS. When the boundary stakes re(iuired by the act to which this is a supplement, have once been set, it 
shall be neither a defense nor excuse for any i)erson prosecuted for a violation of any of the provisions of this act, or 



171 

<he act to which this is a suppk-niciit, that they were not stanrlin- or visible at the time the allege.l otiense w.is 
cnniniitled ; hut if the person accused be proven to have taken oysters anywhere but on his own ground, he may bj 
))ro|)erly convicted. 

Si;c. 19- Repeals section 6 of < hapter 3C1J;, laws (if 1S75. 

Si..( . 20. The sum of $300 is to be set a|,art annually, Irum the oyster-lui.d ,>! Kent countv, to the un|,rovement 
of certain roads along the shore. "And in order to facilitate .such improvement, it shall be the duty of all f.ystermen 
to land and deposit their oyster-.shells on .shore, at some convenient place to said road, so that they may be use<l in 
. said repairs, and it shall be unlawful to empty or throw such shells into the water, unless the distance fnmi the place 
shall be so great as to make it unreasonable to land and deposit them as aforesaid, of which unreasonableness the 
collector and road overseer shall concurrently be the judges." 

Ski. 21. The foregomg act to be jjrinted and distributed to owners of boats. 

Tiider the oiienitiou of these laws lliin-e wei-c registered, in ISTfl, ()2 boats. Tlie ])i',icoeds of 
their license-fees ataouiited to ^r>,:\-24. Tlie statistics for Lsso were not avaihihle in time for 
tliis writint;-, Imt Mill not Ki'eatly differ from those of the iire\ Ions year. Many of the boats 
take ont a dred,i;-ing--license only, and do not jiay the (wtra, >!2'. which entitles theni to jdant. 

Skction \]\. — Thk Ovstki; Laws (h-- ^'ll;oIM.\. 

The ytate of Virginia does tiot iiermit dredgint;-- and the reveiines of the State are collected 
by it system of ttixation upon all oysters sold. 

The liiws are nnsatisfactory, and are nnder^dini;- continnal chant;-e. For this reason it Hoe.s 
not seem advisable to print them in fnll. and we lherefor(> uive a.listracis of sonu' of tluMii. and 
<jnote in fnll only those wldch relate to the system of ta.vation and to oyster jilantinu-. 

The laws relatiny to the rotomac IMver ami to I'okomoke Sdnnd have been t;iveii in a ]u-e- 
ceding chapter. 

Th(^ other laws of A'irginia are in effect its follows: 

The eatching- of oysters on Snndtiy, or between one hour after snnset and one lionr Itefoi'c 
sunrise, is prohibited by the Act of March (i, bssi', nnder a fine of n(d less than -t^'i" nor niore 
than !?l(»(t iind the tVn-feiture of the vessel used; ami t lie informer re(-ei \cs one-ha If of the net 
proceeds of the sale of vessel. 

Aecording to section '-■] of the .\ct of March d, isso. ^my iierson wlm catches oysters with 
t(m,i;-s, between May lo and September 1, shall be tinetl not less than .Slo nor more than .<"i() for 
each ort'ei tee ; but any iierson may take two bushels a day for fainil,\' use, and the owneivs of 
planted oysters nuiy take them for tainily use at tiny time. 

According to section '2'> of same Act, tiny iierson who jilants oysters, or j)nrch;is(>s them for 
planting, between ^hiy lo and September 1, shall be lined not less than §10 nor more than .•^oH 
for etich offence; but citizens of Westmorehmd and Northnmbeidand comities m;iy take oysters 
in the I'otomtic for planting in tributaries of the Potonnn-. 

Any person who takes oysters with tiny instruim_'nt e.\<'ept oyster-tongs shall lie conlined iji 
the jienitentiary for not less thtiu one nor more than three yetirs, ttnd the botit shall be forfeited 
to the State and sold at jniblic auction by the Sheriff within ten days ;ift(n- conviction ; ami one- 
iialf of net proi'eeds shall l)e paid to the captur and lo ]ierceutnm shall be paid to the Sheriff. 
(.\ct of Mtwdi II, 18S0, sees. I, 2, ;;.) 

Ai'cording to .\C't of February li, js.sii. any resident who wishes to take oysters with tongs, 
for sale, nuist first be registered by insix'ctor, and must rectdveaaid exhibit i-egistration number, 
and he must pay nn iimcnmt eipitil to the tti.v ini[iosed by law njion the probable aiuonnt of his 
sales for the ne.\t three months; ami on the first dtiy i>f Decendx'i-, or tis so<in thereafter as ju'ac- 
ticable, he shall, under oath, to s.tid inspector, make a statemi'ut of his a,ctnal sal(>s; and he shall 



pay tlie deficicii'-y or receive tlie surplus; aud tlie like advances and tlie like settleuieut sliall 
l)e made in eafli suecessive period of three ininitlis : and upon failure tn comply -witli the law,. 
lie sliall be fined imt less tlian ::^-"> nor moi'e than S'Jo fm- each offence. 

According to the sections 'Jl, 'J'J and 4-'i of the act of March li, issu, if any person who is not 
ii taxi>ayer, and who has not resided in tlie State for twelve months next preceedinn', shall catch 
or plant oysters in \'ir,i;-inia. or in the I'otomac liiver, oi- in I'ocomoke Sound, and if any resident 
shall be concerned or interested with such non-resident, in catchiim' oi' iilanting- oysters, or shall 
knowingly permit su<-h non-resident to cat(di or plant oysters in liis name, said person sliall 
f(n"feit 8-"j()() and the vessel enii)loyed. 

If any person sliall unlawfully remove planted oysters or sludls, he shall, if the amount 
taken be of less value than s.'ii I, suffer the jienalty for petit larceny, and should the value be 
greatm- tlian 8.")0. lie shall Mirt'er tlie penalty for ^-rand larceny. (Act Mandi (I, isso. sections 
41, 4-J). 

No person shall catch oysters for manufacture of lime, uinlei- penalty of S.'id for eaidi hnndred 
bushels. (.\ct March (!, issii, section 241 

All oysters in shell must b(_' measui-eil in a lawfnl measure, sealed by an oyster insi>ector of 
the county, and all other oysters shall lie sold l)y standard wine measure; under penalty of 
not less than §lu nor more than .*!oO for-each otfense. (Act March (i, bs.so, sec. 2^, 27, 2^, 2tl|. 

No person shall stake in. for planting oysters or shells, any natnral lied, ami it shall be 
the duty of inspectors to reipure all persons violating the provisions of this act, to remove all 
oyster stakes or other obstrnctious, and if any jierscm fails to c(unply with such notice, the 
obstructions shall be removed by insjiector, at tlie cost of the otfender, who shall be liable to a 
]ienalty of not le.-s fliaii Slo. nor more than SI,(li)(i. 

Atr or .M \i<rH 6. 1S82. 

1. /<V /'/ eiujctcd by //if (.it-neial Assrinbly of Viri^iiiii!, That all th.it portion nt' Hampton flats and the groun(l;^ 
thereof, lying in and adjacent to the county of Elizabeth City, commencing at the month of Hampton Creek and 
running along the shore line, at low water mark, to the mouth of Salter's (or Salford's) Creek, and included between 
the said low water mark along said shore line and a line commencing at Pettycoat Bony, at the mouth of slid Hamp- 
ton Creek, and running thence in a southwesterly direction to the Newi)ort News Point, be and they are hereby de- 
clared opeiiand eligible for the planting of oysters for the period of twenty years from the passage of this act, subject 
to the pro\ isions hereinafter contained. 

2. That if any person resident within this State shall be desirous of sowing or planting oysters on any of said 
flats or grounds hereinbefore described, such person may apply to the inspector of oysters for the county in which said 
flats or grounds are lo( ated, or to w4iich they are adjacent, stating as near as may be the (|uantity [jroposeil to be 
planted or sowed, and the said insi)ector shall assign to such pe.ison, on such portion of slid tiats or grounds as may 
agreed upon between them, so much of the said tiats or grounds as may be necessary for the quantity of oysters, so 
to be planted or sowed. Siu h jjerson shall ciuse the same to be mirked and laid off w th suitable stakes, accardin^ to 
assignment, and thereafter the e.^clusive right of planting or sowing oysters on such grounds, so assigned, shall be 
vested in such person tor the period of one year, with the privilege of renewing the same from year to year, upon 
such terms as may be prescribed by law while this act shall be in force. 

3. That where any of the said Hits or grounds hereinbefore described arc now us.'d or occupied by any person 
a resident of this State for the planting or sowing of oysters, the inspector, in making assignment of such ground so 
used or occupied, shall give preference to such person or persons so using or occupying the same as aforesaid. 

4. That all oysters sowed or planted on the flats or grounds aforesaid shall be subject to the tax and restrictions 
imposed upon planted oysters and the planting thereof, prescribed by sections five, sixteen, twenty-one, tweniy-two, 
{wenty-three, twenty-four, twenty-five, twenty-six and twenty-seven of an act for the preservation of oysters and to 
obtain revenue for the privilege of taking them within the waters of this commonwealth, approved April 18, 1874, so 
far as the same are aplicable thereto. 

5. This act shall be in force from its passage. 



A( I 111 li.i;i<i.\K\ lO. iSSo. — SI VCR i'kMpKKr\ i\ (i\srKi<s. 

I. All the beds of the bays, rivers and creeks, and the shores of the sea within the jurisdirtiun .,1 this .ommon- 
wealth, and not conveyed by special grant or compact according to law. shall continue and remain the property ..f 
the commonwealth of Virginia, and may be used as a comm.iu by all the peoj.le of the State, tor tlie purposes >,{ 
fishing and towling. and of taking and cat.hing oysters and other shell fish, subject to the reservations and reslru lions 
hereinafter iinjicjsed. 

2. .\o grant sliall hereafter be issue.! by the register of the land oltlce to pass anv e^t.ite or interest of the com 
monwealth in ,iny natural oyster bed, r..ck or slioal, whether the said bed, roi k or shoal shall ebb bare or ii<;t. 

RICH IS or LAND OW.\KK>. 

3. If any creek, cove or inlet makes into or runs thr.Righ the land of anv i.ers(,n, and is comprised uithin the 
limits of his lawful survey, such person or other lawful occu|jants shall have the exclusive right to use said creek, 
cove or inlet for sowing or planting oysters and other shell lish, notwithstanding the reservation hereinbefore made.' 

4. The rights of the owners or occupants of Imd on any (jt tae other shores, bays, rivers or creeks within ih,- 
jurisdiction aforesaid, shall extend to ordinary low water-mark; but it i-. not intended hercbv to deprive them of the 
pri\ ilege extended to others In- the first section of this act. 

lAX ii.N I'l \\ III, (ivsl 1 Ks. 

5. It shall be the duty >>( the township assessor when he assesses the other property ol his township, to reiiiiire 
all persons depositing or planting oysters or shells, to state (upon <jath) the cash value of all su. h oysters or shells de- 
posited or planted during the preceding year, ending on the first day of February, or remaining in their possession 
from the planting of former years, which amount shall be entered liy the a.ssessor in his books in a separate column 
and the person thus depositing or planting such oysters or shells shall pay a tax upon their assessed value eipial to 
the ta.\ uiipose<l upon other species of property, and the said tax shall be collected by the treasurer or collector (;f the 
county, township or corporation as other taxes are collected. I'he treasurer of such county or corporation shall re- 
port to the auditor of jiublic accounts the amount so collected. .Any person failing to comply with the [jrovlsions of 
this section shall be hncd in a sum imt less than ten nor more than hvc hundred dollars. 

HI.ANllNi. OSsllKs; WHAI 1(1 HI. I'Alli KIR ||||. l'Knill(,l. 

6. If any owner or occupier of land, having a water Iront thereon, suitable for planting ovsters, shall be desirous ot 
obtaining a location thereon tor planting them exclusively for the use of his lamily, he may make application to an\ 
inspector tor the c.ninty m wliu h he resides, wlio shall a.ssign to him, on such location as such owner or occupant 
may designate, in front ol his land. ,i ipiantity sufhcient lor the said purpose, to be judged by said inspector, subject 
to appeal to the judge of the count)- court of the county in uhicli saitl land is located, either in term time or vaca- 
tion, who is hereby authorized to take cognizance of the same and make siu h assignment as shall seem jiroper pro- 
vided that the said assignment shall iio.t exceed one-half ot an .icre ; and [iruvided liirtlier, that the privilege thus 
accoriled to the riparian owner may, at any time, be re\oked .it the pleasure of the lieiieral .Assemblv. It shall be 
the duty of sui h owner or occuiiant to cause the same to be marked with suitalile stakes, a( cording to the assi-n- 
mcnt, and thereafter he shall have the e.xclusise right to the use thereof for the jturiKjses aforesaid; and this privile<'e 
is accorded to said owner or occupant in consideration of the e.xtra valuation ordinarily assessed upon such land tor 
the water privilege su|jposed to attach thereto; provided, however, that if .said owner or occu|iant shall sell :iny 
oysters from said reser\a(ion, he shall pay a ta.x ot fift\- cents on every hundred dollars' worth so sold hy him. d'hc 
inspector iiiaking the assignment ot reservation shall be paid by su( h owner or occupant a fee of one dollar. 



CHAPTKi; XI. 



y\n Act I'll l-"N<<iri;A(;K TiiK ( 'ri. ri vatk )N (iv ()vsri:i;- axi> to PnoiF.cT am> nF.VF.i.nr thk Oyster 
Int>i>it!^' (II' TiiK Ciii;sAn;AiNi: B\^' and rrs 'riMuiTAitiKs. 

In till' l)(i(l\- of our i-cport we liavr Liivcii all the infonnatloii wliicli Ave liavr bepu ;ibl<^ to 
obtain from all sources n^yardiiiu- tlic proti-ctiou aud (lovelopuiont of tlic oyster industry, and we 
}ia\ (■ also made many rncommcudations -witli reffreuce to the develoimient of our own fislieries. 

\\'hi](' AVI- fe(d that, in doiui;- tliis wo have performed to the best of our ability the duty 
required of us, we also feel that the yrouud <'OV(M-ed is so extensive and tlie complexity of the 
subject is so .i;Teat that n\ucli lalxn- will be saved if our various recommendations are ]>resented 
in tlie f(n-ui of a ])ill. 

We th<')-ef(ire respectfully ask to call your attention to the riM-ominendations in chapter 
N'llI, paue 1 II. and also to the aceonipanyini;- bill, for (he " Encourag'ement of Oyster Cultiva- 
tion and for tlie Protection and Pevelopinent of our O^-^jter Industry." 

Be if I'/Kir/et/ liij llic (iriicnil Asse/nN// of 3Iar//Ian(/, That the owner or owners, or otlier 
lawful occupant or occupants of any land borderini;' on any of the iiavii;a])le water.s of this State, 
the lines of Avhich extend into and are covered by said waters, shall have the exclusive ri.i;-ht to 
use the same, within said lines, for tlie cultivation of oysters. 

A//(/ hii if tiiacted. That the owner or oAvners, or lawful occupant or occupants of any 
land boi'derin.u' upon any creek, cove or inlet, sliall have the ex(dusive riyht to use said creek, 
cove, or inlet, for the cultivation of oysters, above the line where said cre(dv, cov<', (u- inlet first 
ceases to be nmre than (Uie hundred yards wide at mean low-watei- nuvrk. 

A)iil hi- il ciiacicd, 'i'liat any one who sliall construct an artificial jioiul upon land of 
wliich he is the owiieror lawful occui>nnt, for tlie cultivation of oysters, sliall oAvn said pond 
and its conte'its. 

And lif if eii(tcff(f, Tliat when the owner or lawful occupant of any land in which ther(> may 
bo any salt-water creek, cove, or inlet, shall de-^ire to dam, i^ate, or lock the same for an oyster 
pond for the cultivation of oysters, he may make written ajiplication therefor to the oyster com- 
missioners, wJio shall visit and examine it. and if,in their opinion, to dam it will not injure 
nava'j,ation or deprive the jmblic of any rii:hts or jirivilesjcs, they shall mark off or set bounds 
where a dam may be l)uiit, and the owner of said lands may then construct aud maintain 
such dam, pite. or lock dnriiii;' the pleasure of the (lencral Assembly. 

AnO /;c // enadr<f. That any citizen of Maryland may make ajiplication under oath in writiiii,' 
to the (dork of the Civcuit Court of any county, for a iiermit to locate and appro])riate five acres 
of Ixittom, not already located and apjiropriatod, for the cultivation of oysters, wliiidi applica- 
tion shall be in t he inaiiner and from foUowinu', or of the terms and etfect ToUowinu'. to wit : 

Appficafion J'ar (( I'eniiif to (Jutfirafe Oi/sfers in Cuniifi/. 

1. , of tli(» county or city of , in the State of Maryland, i-espectfuUy show that 

1 am a citizen of Maryland: that the grounds hereinafter designated are not alr(>a.dy appro- 
]iriated ; that 1 wish to use said ti'rounds for the cultivation of oysters; that 1 hold no ]iermit, 
in any coiuity of Maryland, to cultivate oysters uiioii t;-roiinds wlii(di toiA'etlior with th(> 



;i,crps lior<Mii applied Jor aini)Uiit to inori> tlian flve aiTP-s. I tliorefoi-e rP-;)iocti'ully ask that, 
]iursuaut to stM'tion — of an art ontitlod " An Ai"t to Piiconni,^"^ the cultivation of oysters, "' 

j)asso(l by tin' (icnei'al Asscmlily of ]\Iar\'lan(l, iss , yon will issue to nie a permit 

to <'uitha-te oysters upon the acres of liTound located inider the wiiters of county, 

and more partii'ularly hounded and described as follows, to wit; 

|);it,-d at . Maryland, tliis day of , A. D. Iss . 



-, .\|i]ilicant. 



Personally appeared befoi-e nu' the al)o\(> named 
named statements are true. 



ind made oalli llial tlii' a,l")()\i 



-. .1 ust ici' of t he i'eace 



AikI be 11 c/iaffed, 'Hmi the ('lerkof the Circuit ( ourl of tlie cnunty in \vhi(di i;round?t 
af )idied foi- as aboNc are located, sha 1 1 entei- 1 he above ajiidication in a liook ke])l I'm- thejiiir- 
pose, and 1h' sliaU imnu'diately cause an accurate surscy of the said u'ronnds lo be made, at the 
('\l>ense of the jiart y apjily ini;' f(n- the same, and i f sa'id n'ronnds are not already a]ipropriati'd, 
and if the appro[iriation of them will not injure, olistruct or imjiede the free navigation of said 
watei's. In' shall, after said ap]dicant has paid him the costsof surveying- and one dollar for each 
acre, issne to said ajiplicant a ]iermit, in tiie manner ami form foiiowiuii-, to-wit : 

Whereas, — , a citizen of .Maryiaml, has made a,i>i)iiciition for a ]>erniit to cultivat(> oysters 

upon the ^-rounds hereinafter descrilxvl. under the pi-oyisions of se(-ti(ni — of an .Vet entitled •An 
.\ct to encourau'e the cnlti\ .-it ion of oystei-s," jiassed ii\- tiie (leneral Assi'mbl\- of the State of 

.Maryland A. D. Iss ; and whereas, said Jias comjilied witJi all tin' coiulitions of said 

jK't : now. tlieref<n-e. 

Know all nnni b\' these ju'esents. I hat t he State of Maryland, actin;;- by and t hrou.i;h the ( 'h-rk 
of the ('ircnit ( 'ourt of ('onuty. in cunsidei'at ion of Die pi-emises, and es])e<'ialiy in con- 
sideration of the sum of one dollar for eaidi acre, duly recei ved from said ajijilicant, liath granted, 

and by these pi'eseids doth -i-ant unto said and to Jiis ley-al rejiresentatives foreyer, tln^ 

rii^ht to cultivate oysters in the acres of .L;i-(nnid bonnch'd and descrila-d as follows : tliat is 

to say ■ ; to have ami to Indd the sann- unto tin' said .^'rantee and his let^'al rei)resentat i\ es 

forever; provided always, that sni'h uTonnds have not liitherto l)een ajipropriated imdei- the laws 
of ^hlryland, and ]iro\ ided that tlie a ii|)ro)iria t ion ot them sinill not injiii-e. imjiede (n-ol)strnct nav- 
i<i'ation, and provided tliat tlu^said i^'rantee shall at once cause said yfounds to I)e ]ilainly nia.i'ked 
by stak'es, buoys, busln's or raii.u'es, wliicli nnirks shall be continued by said ii'rantee and his 
nssiuns, ami ])royided that the name or the initials of tin- owner of said y'ronnds shall be i)lainly 
-stami>ed in letters at least oiu' in(di lonu' upon a ta,u' of sheet zinc attached to a. sta k(> at each cor- 
mn- of .said >;-round and \isil)le at hiiidi vvater. and jirovided tliat the State nf Xharyland reserves 
tin' ri.u'ht to tax saidynnuid and its contents. and jiroyided also that thisy'rant is acce])ted by the 
.said u'rantee subject to all tlie in-o\ isions of the said act of .\sseml)ly. 

In witness whereof, I, , ( 'l(>rk of the Circuit Court of County, in the Stat(^ of 

>hirylam1, have hereunto set my hand and affixed my oHicial seal on this • day of . |ss . 

— — , , C/cr/r. d-r. 



AikI he H enacted. Thai within (uie year from the jiassai;'*^ of this act all j,'ronnds ajipropri- 
ated under the .\ct of is.so, ( 'jiapter l'.)S, shall liesnrveyi^d and mark^'(i as presci-ibed in the I'ore- 
y-oini;' sections by the claim.-int therenf. and a license issued to him as therein also ])rescribed, 
excejit that he shall not !)(> retpiired to pay tln^ consideration of one dollar jier acre; and in 
defanlt of such survey ami marking tlie said yronnds sluill be open to appi-ojn-iation by any 
otherapplicant. 



And he it emicii'd. That trfoumls liclcl for the cultivation of oysters niulcr this act may be 
attacliecl or taken in execution in the >ani(' manner as real estate: and any liohier of such 
grounds may assign his interest in them to any citizen of .Nhii'yland ; provided that no person 
yhall liold more than ti\ e acres at one time uu(h'r tlie i)rovision^ of section — of this act, uuh'ssf 
lie sliall inlierit tlieni or lawfully ac(juir(^ tl <nn as liereiu ]ii'o\ided; and iiroviilcd tliat nil 
assignments shall he acknowledu'ed before a just ic(^ of the peace and recorded in liie ofiice of 
the clerk of tiu' ('ir<'uit ('ourt, in the county from wlucii such licen-^e was issued, \\-itliin tliirty 
days after such acknowledgment, for which recording llie said clei'k shall lie entitled t<i be paid 
as for recording a bill of sale of chattels. 

And be it eiKd-fed. 'i'hat the clerk of the('ircuit ('ourt of each county in which gi-ouiids 
may be thus loca.te<l and approjiriated for the cnltixation of oyslei's, shall keep a book in which 
lie sliall record all apidications for such grounds, together with the designation and descripti()n 
of such ground, and the license issued tlierefor, and all assignments of such grounds; a certitied 
fop\' of the euti'ies in \\hich book r^hall be recei\ed in e\'idence in any controversy touching 
said ground. 

And tie it eiKtcttd. 'I'hat as soon as ma.v be after the ]ia~sage of tliis act. and of any proceed- 
ings to a])propriat<> ground under it. the iderk of the ('ircnit Court of each couut.v in which such 
proceedings may be had sliall cause to be made a maj) of such applications as shall be granted, 
and shall keep the same on file in his olRce for the inspection of any one interested therein; 
and such inai) shall be ailded to fr()Ui time to time as aiipropriations an- made. 

And tie it entu-ted. That the ( 'lerk of tlie ('ircnit (_'ourt <if eacli county in which grounds- 
shall be appropriated, under the pro\isious of tliis ai't.for tlie ciitisation of oysters, shall 
make a monthly report to the Stati; ( ).\-ster ('(unmissionei-s of all grounds thus ap]iropriated, 
together with tlu' locati<iu and boundaries of such gi-onnds. 

And lie it ''iKM'teil, That the Sta'e ( )yster Commissioners shall record, in a book kept for 
tlie pnrjxise at their ofiice, the location and honudaries of all grounds api)ropriated under this 
act for the ciillixatioii of oystei-s ; and tliat tliey shall also kee]) njioii tile at tlieir ofiice maj s 
.showing the location and lioniulai'ies of all such iiroiinds; and that they shall ]irovide tlu^ 
commander ol' each boat of the .State i'lshery force with a similar map of all grounds thus 
appropi'iated in his disti-ict. and ad.jaceiit thereto; and that the.\' shall renuii-e the commander 
of eacli boat ol' the State Kishery iMirce to examine each luoutli the map of oyster grounds at 
the office of the ( leik of the Circuit Court of each county wJiich bordei-s ui)on his district, and 
to copy from it into his own maps all grounds not already copied. 

Anelhe it enetcted. That the lawful holder of ;in,v oyster ground designated under the jiro- 
visions of this act shall own all oysters upon said ground, a,nd shall be alhnved to gatlier tliem. 
either in person or otlierwise, at such times and in >uch manner as he may choose, at all times 
excejit on Siinda\ oi- between sunrise and sunset. 

And lie it enacted , That all disputes re.garding the lioiindaries or ownershij) of grounds ludd 
und<'r the pnv, isions of this act, for the cultivation of (_>ysters, shall b(» decided under the laws 
of ,Mai'yl;;ud. in tlu' same manner as if said gr<jnuds were real estate. 

And lie it enacted. That nothing in this act shall l)e construed to deny the right of the 
State of Maryland to impose a tax upon oysters. 

And he it enacted. That the bottom of the Chesapeake Hay and its tributaries witliin the 
State of Maryland shall be divided into two areas, which shall be designated and known as 
the "Sliore Oyster Fishery " and the ''Deep-Water Fishery," respectively. The Shore Oyster 
Fishery shall include and consist of all bottoms which are covered with water at mean low- 
water, and which lie witliin or on the landward side of the l)oundary line hereinafter described,, 
and the Deep-Water Fishery shall include and consist of all bottoms on the deep-water or bay 
aide of the same line, to wit ; 



J77 

roiniueiiciug at tlir S|:it<- 1 iiic at W'atkiiis' I'oiiit, ami situated in or about lat. :;7 •') 1' -SS" 
K., and lont;-. 1 o-i' "iH" W. of tlu' meridian of the City J [all of tlie city of New York : thenec fol- 
lowintr the shore line to the -oiitli point of Little .\iinamesse.\- iJiver in about lat..'!7'' ")7' :;<i" X.. 
lou.i;-. 1- •").■;' l'(i" W".: tlience .\. W. for aliout tliree-(|uarf ei- nautical miles to a luiint west of old 
House Cove in about hit. :',! ' "iS' K;" \., Inii--. 1 •".:',' :\r/ \\.- tlieuce foHnwinu- shore lin(^ to i'lat 
Cap I'oint in lat. -■'.s^ 2';;" X.; Ion,--. 1 rrj,' :," \\\- thence \. '. W. about l'| nautical mile;- to Ijaz- 
zai'd's I'oint in lat. •■'.S= V lo" X., louy-. 1'^ ."ri' lo" W.; thence X. W. about foni- nantii'al miles to 
the south point of Ivittle Island in lat. -is i;' (."." X,. lorn;-. 1 ."ii;' .">•")" \\'.; thence to sontli point of 
Deal's island; thence followin.y shore line acro-,s Law's 'riioi-ou.ij-hfare to llaiiu^s' I'oinl, lat. •'IS" 
lo'':;(»" X.. lon.u-. r ■")(;' •")•"." W.-. thence X. l)y W. about ■','. nautical miles to Clay Island li^ht in 
lat. .■1S° ];; .-).")" X., lonK. 1" •"'.S' lo" \\'.- thence S. by W. about i'; nautical miles to Hisho])'s Head 
in lat. •■'.s !•_'' t-V X., Ion,--. -J- 1' .;"," W .■ thence X. by W. alx.ut I; nautical miles to Hooper's 
Strait Liii'ht in lat. -'.s ];;' :',o" X.. Ion,--. 2' ;',' .",(i" W.; iju-nce W. by X. about ;;;• nautical miles 
ai-ro.ss montli of Ilon-a Uiver to soutii |ioint of IIooi)i>r's Island in lat. .'l.S'^ ].">' l-V X. 
long'. •-!' ■"<' \\'.: thence followiuii' shore liiu- to Itichlaiid's I'oiut, lat. ;;s 11" -J-J" X., lonii-. 
2° 10' W.: thence X. W. to south point of I'.ai'i-en Island, lat -".S- js' to" X., lout;-. 2 11' l-'i" 
\V.; thence following- shore line across month of .^lauLiditer Crei^k tothescudh point of creek 
south of Taylor's Island in lat. •'is-' :;.",' 2-")" X.. long-. 2- 17'. ■;.'!" W. ; thence to .lames' I'oint, lat. 
.•;s= :',!' "lO" X., lorn;-, li' --in' l.V W. -, thence X. !■:. about 2'. miles a.cro>s mouth of Little Chopb-dik 
River to IliU's I'oint. lat. :;s ' ;;;',' |o" X., long. 2" l.s';;o"W.; thence fcdh.wing- >hore lim- to ('as- 
tlehaveii I'oint, lat. .".S'' :;7' lo" X.. long. 2" !)' :'.."." W. ; tlience X. by E. for about \\ of one nautical 
mile across the Clioptank Hiver to Chlora's I'oint, lat. -'W " .'Js' 10" X., lont;-. 2" S' ;',;V' W. ; thence 
X.W. about twoand oiu'-eighth nautical miles across the month of 'I'readhaven Creek to Lenoni's 
I'oint, lat. •■W'^ 40' lo" X., long. 2 11' \'>" W. ; thence W i X. aliout five and two-thirds nautical 
miles a<-ross the months of Harris' Ci'eek, Broad Creek and Irisli Creek to lilackwalnut I'oint, 
lat. M.s° 40' :!•')" X., long. -1° l!i' W. : thence .s. \V. about one and one-si.\th nautical miles acr«ss 
the month of I'.lackwa liml ('reek to the .south point of Tilghman's Island, lat. •'I.S'^ . -ill' .",n" X.. 
hmg. 2" -:o' W. : thence northwards along tin- west shore of Tilghnian's Island across tluMuouth 
of I'aw-I'aw Cove to the north point of the mouth of I'aw-l'aw (_'ove in lat. ."iS" 42' X., loui^-. 2 
20' 40" \\'.; thence following the coast line across the mouth of Knapp's X'ai'rows to Love I'oint 
in lat. :.W^ 4<i' -'l")" X.. long. 2' ID' 4-"." W. : thence following the shore line to Tilglnnan's .I'oint 
lat. ."i.s" •"')1' 17" X., long. 2 14' 12" W. ; thence north about two and one-eighth nautical miles 
across Kastern l'>ay to the soutli I'oint of I'arson's Islaiul in lat. •".>; '>'.)' X., loim'. 2 1 I' .'.0" W. ; 
thence S. W. by W. about live and three-bmrl hs nautical miles ai-ross the mouths of S]ii]i],int;- 
Creek, C(.i.\'s ( 're<dv and ( 'rab .Uley ('reek to Kent I'oint, hit. ;!s .".0' X., long. 2'-' 21' ."jO" \\'.- 
tlience northward along the -western shore of Kent Island to south iioint of the uioufh of 
ISroad Creek in lat. •".s- .'.S' -Kt" X., long. •> 21' \\ .: thence north along the western slnu-e of Kent 
Island to Love I'oint in lat. :;!)■-' 2' lo" X.. long, li'' 17' .X)" W.; thence following shore Hue alouy 
tlie nortli shore of Kent Island and tlie south shore of Chester River to Carpenter's island in 
lat. ;;;i^ r lo" X, long. 2^ 10' W.: thence ,s. \\ . by \V. { \\. for about 1' nautical miles acro.ss 
Chester Kiver to Hail I'oint, lat. .ur .;:," X., long. 2^ 11' 20" \V.; thence along the western 
shore of Eastern Xeck Island, and Ivistern Xeck to Wilson's I'oint; thence following tiie shore 
line of Eastern Xeck to Huntingfield I'oint, lat. •■>!)' 7' 10" X., long. 2" 1:1' 40" A\'.; thence N. \V. .1 
W. about one and one-sixth juintical mih-s across the mouths of Huntingfield Creek, 1,'ock- 
hall Creek and Swan Creek to Swan I'oint, lat. -'lit'-^ 11' 40" X.; long. 2" Ki' -K," 
W.; thence following sliore line to .Mitchell's Blutf, lat. .i!)^ 1.;' 2o" X.; long. 2° 24' -"»" \X .-, 
theuce following shore line to west point of mouth of lOarley's Creek, lat. •!!)- Ki' 4", lout;-. 2 
12' 15" W.: thence X. \V. by X. about tliree nautical miles across moutlis of Early's (^reek 



17.^ 

and WluM-tou Civpk to Wharton Point, lat. •■;!»"- is' r,r," X., ion,--. •>''" lo' -Vi" W.; t]i(-ncp >'. \V. 
about '2\ nanticii] miles across the Susf|Ut']ianna River tn I'ast jioint of mouth of lUisla 
Kivcr, hit. •'!'•' "-'<»' to" N., h)U.Li-. i' I".' 17" \\'.; thoncc S. W. aliout 1| nautiral miles across 
inoudi of I'.iisli iJiver to J.e.u'o's Toiut, hit. :'.'.i- -in' X.. louii'. 2' 14' l")" \V. : thenco 
followini;- shore lin(> to lloliin's Point, hit.."'.)" 17'.j(»" N., lout;-. 2 Ki' :2;'." W. ; thence S. by AV.about 
four nautical miles cross the mouths of (iunpowder Eiver. Seneca Creek, Middle lUver, Pack 
River and Hawk Cove to north ])oint of Milli-r's Island, hit. :'.!»'- L")' 5(i" N.. h.ug. 2° ^i)' •")(>" W. ; 
thence following sliore line to PearLi.uht of Craiuliill ( 'haiuiel, lat o'.C^ Pi' 4(V' X., lon.u-. 2" .!' l-')" 
W., and from Pear Light of Craighill Cliannel in hit. .-".'.i" l:!' 40" X., long. 2' S-V ]•'•" W. : along 
coast line to I'piier Tower of North Point in lat. -'Hi' 1 1' fc," N., long. 2"' 2(i';;(i" W.-, thence S. E. lijr 
.S. altont two and one-fourth nautical miles to Rock Point, lat '-W !)' .-)•"')" X.. h)ug. 2'- 28' 20" W. ; 
thence along coast line to Stony Point, on Gibson's Island, in lat. -W ■">' ;'>0" X'., h)ng. 2° 2-')' ."io" 
W. ; thence about one and one-half nautical miles across the mouth "of Magotliy River to J'er- 
siniuiou Point, on the east of the mouth of Deep Creek, in hit. •')!•" •'!' 10" X., long. 2° 2(1' W. ; thence 
along coast line to Ihickett's Point in lat. .".s- .-)<i' X., long. 2" 2-"/ lo" W. ; thence S. by W ] W. 
aliout four and three-fourths nautical miles across the mouths of .Scxern River, Mill Creek and 
Whitehall Creek to 4'honuis' Point in lat. :',S'- :,A' 2-")" N., long. 2'' 2(1' -"iO" W. ; thence S. by E l E. 
aboul two and one-sxith nautical miles across tlu' month of South River to Sannder's I'oint, 
lat. ;'.s^ •">■">', long. 2" 2<s' .">.")" A\'. ; thence south about two and threi^-fonrths nautical miles across 
the montlis of West River and Rhode River to Horseshoe Point, lat :iS'= ,-)0' 20" X., 
long. 2"-' 2S' .")0" W. ; thence W. by S. about one and seven-twelfths nautical miles to Franklin 
Point : theiu-e .S. W. by W. about thre<> and one-half nautical milesto the south point of J'arker's 
Island, at the uoi'th of the mouth of Herring Bay, in lat .'..s- 4i;' lo" X., long. 2° .•!2' \V.; thence 
S. \\". about two and one-half nautical miles across the mouth of Herring Ray to Holland 
Point in hit. .'IS 4:V W>" N., long. 2' ."'.1' 10" \\'.; theiu-e folloM'ing coast line to Parker's Creek iu 
lat. .'.s^ :i2' 6" N., long. 2^ .-'.o' 4-")" W'.; thence following slnuv line to Cove Point Light, lat. •■ix° 
2:'.' 7" long. 2'- 22' ■■;(;" W'.; thence following shore line to Di-nm I'oiut, hit. .•5.s'' is' ."iS" X., 
long. 2" 2-")' \\'.: thence due south one nautical mile across the mouth of the Patu.xeut River to 
a point due S. of Drum I'oint; thence following shor(> line across mouths of Harper's Creek, 
Parson's Creek and St. .Ierom(>'s Creek to Point i-ookout, lat. ."is" 2' Ki" X., long. 2"' 1!)' W'.; 
thence S. ^\'. about ten nautical miles to .Smith's Point <ui tlu^ boundary line between 
Maryland and N'irginia ; i)rovided that the bottoms of all <'reek>, bays and inlets which ar(^ not 
mentioned iu this section, and are not more than one mile wide at their mouths, shall be included 
in the Shore Oyster Fishery ; and providinl, also, that the Deep-Water Oyster Fishery shall end 
at the lin(> where any cn^ek, bay ov iuhd, not otherwise nieidioned in this section, ceases to be 
more tliau one mile wide. 

Ajk/ he if eiMcted, That the State of Maryland shall e.vercise exclusive jurisdiction overall 
oyster hsheries which now exist or which shall at any time exist iu that ;irea whicli is hei-ein- 
before described as the Deep Water Oyster I'ishery. 

And he it enacted. That the Deep-Water Oyster fishery sliall Ix' divided into eleven 
districts, which shall be numbered in succession fnnu tlie luuih lo the south, aiul which shall 
be bounded by the lines herein descrilied, to wit : 

District No.\. — This district shall be known as ■• I tistrict Xo. 1 ," and shall include all 
waters within the exclusive" Jurisdiction of the .State to the northward and eastward of a line 
drawn from the Rear Light of Craighill Chanmd, lat :i!i° b!' 40" X., long. 2° 23' ].■>" W., about 
seven and one-eighth nanucal miles east to Mitchell's ISlutf, lat. :5'.i'-' l-'.' 20" X., long. 2' 24' '>" \\ . 

District Xo. 2. — This district, which shall lie known as '-District Xo. 2," shall include 
all watei-s witliin the exclusive Jurisdiction of the .state lietween the following boniuhiries : On 



the iKii'tli, a line fi-nin tlie ];far Li^lit <>f < 'raiii-liill Clia unci, hit . ;!'.)' l-V 4<i" N.. Inn.;-, l* 2:;' lo" 
W., about seven and (me-ei.ylitli nautical miles east to Mitrliell's lilutl', lat. -"Id I-'.' lin" X.. loim-. 
•J -!1' ."i" W. ; on tlie east l)y tlie slioi'e line from Mitcliell's iUnrt' tn Swan I'oint. lat. .'.;•' 1 1' In'' 
X., lonu'. 'J' ]>>' '2't" W. : on tin' soulli and \v(^st liy a line from Swan Toint northwest ahont seven 
and tivo-twelftlis nantii-al miles to the Kear Liu'ht of ( ra iuhill ( ha miel. lat. -'li* I-'.' Id" N.. iony. 

2' •_';•.' i.v w. 

/h'sfr/'cf Xo. •">. — This distriet, wliirlL shall lie known a-^ •• jtistrict No. •">," shall in- 
<'liid 'all waters within tlie c.xe Ins ive jnrisdietion of (lie State het ween tlie followiim- lionndai'ies : 
On the northeast a line from the K'ear i.iuht of ( 'i-aii;-hi 11 (JLannel, lat. .lit 1.;' In" .\'., loni;-. -2' 
2'-'>' !•")" \\'. ; sontheast for a lion t -e\ en and II \ c-l welfths nantiea 1 miles 1o Swiin jioint , la t. ;'.!• 11' 
4n" X.. loni;'. ■-! Hi' -!"i" \\ . ; on the e.ist by a line from .Swan I'oiid, southeast .', east, 
about one aiLd live-sixths n;int ica I mile> aeross the months of Swan ( 'i-eek, K'oi-khall Creek and 
Ilnntint^-fiidd < 'irek to llunlinL;-|ield roinl. lat. •■;'.! 7' In'' N., Ion--. 2 \:)' Ki" W. ; thence followiiii,' 
the coast line of l'",a stern Neck to Wilson's Point, them-e a lonu' t he west side of P'.a stern Neck and 
Kastern Neck Island to Hail I'oint. hit. .■;'.! ;;."i" N., lon.y-. 2' 11' 2n" \\ . ■ thence X. K. by I-:., J !•:. lor 
about one and one-eiLclith nantical miles across ( 'liester River to ( ariienti^i-'s Island, lat. '■'>'■>' 1' |o" 
X., long'. 2^ 1(1' \\'. ; on tlje south by the shore lin(> of the south sliore of ( 'he>ter jtixcr and tlu^ 
north shon'of Kent Island to Love F^iint, lat. oK"^ 2' l(>" X., Ion;;-. 2' 17' -Vi" W. ; thence alonu'the 
west slioi-e of Kcmt Island t<i the south point of the montli of I'road ( 'reek, lat. -'is .')S' •_'."/' N., loiiy-. 
2' •_']' \\". -. and from thence \\ . by N. about thiM^' and se\cn-eit;htli miles to Ilackett's Point, lat. 
.■]S'- .'I'.i' N.. lonu'. 2" 2')' 111" W. ; on the ^\•est by a line from Ilackett's Point aloiiL;' coast lim> to 
Persimmon Point, on theeast of tlu> mouth of 1 leeii ( riM'k, lat. -'I'.i '.' Id" N., loni;- 2 Jd' \\'. : thence 
about one-half a nautical uiile across tlie mouth of Mapithy h'iver to Stony Point on (nlisou'.^^ 
Island, lat. -W •">' -■'id" N., loni;-. 2' 2r>' .'lO" \\ .: thence ahm-- the coast line to Kock Point, lat. ■V.s'^ 
!)' "I'l" N., lou.u. 2'' US' 2(1" W. : thence N. Iv by X. about two and oue-fourth nantical miles 
to I'pper Tower of Xorth Point, lat. •".'.• 11' l-V N.. Ion--. 2 21" V)" W .; thence alouy- coast 
line to Pear Li.u-ht of fraiKldll Channel, lat. :;!» b".' 4d" N., Ion--. 2' 2."' l"i" W. 

hislricl Xii. 4. — This district, which shall be known a< •■i>islric| No. 1," shall include 
all watei's under the exclusive Jurisdiction of the State, within the followinu' lines: on tlu^ 
north liy a line from ilackett's Point, lat. ^s^ .")!)' X.. hum'. 2 2"i' Id" W., !•:. ;. S. about 
three and seven-eighths nautical miles to the south point of the month of Pmad ('reek, on the 
west shore of Kent Island, lat. •".s" ."iS' 2"i" X., loiii^-. 2 2d' \V. ; on theeast by the coast line of 
the M-esteru shore of Kent island, from Proad Ci'eek t<i a jioint on Kent Island, in tlie range of 
Thiumis' Point and 'ITiomas' i'oint light, and in about hit. ;]S= .".4' 10" N., long. 2' 21' fd" W. ; on 
the south by a line A\'. I X. about four and one-fourth nantical miles to 'I'lmmas' 
Point, lat. ;!.S' .-,4' 2-")" X., long. 2 20' -"id" \\ . ; on the west by a line X. by Iv \ i:., about four and 
three-fourths nautical miles across tlie mouths of Whitehall (reek. .Mill Creek and Severn 
Piver to Hackett's Point, lat. .".s" .V,i' N., long. 2^ 2.-)' Id" W. 

J>isfricf IVd. 'i. — 'i'his district, whicli shall lie known as '^itisfi-ict No. "i," shall include 
all the waters under the exclusive jurisdiction of the State, within the following boundaries: on 
the north by a line from 'i'iiomas' i'oint. 10. '. .'~i. about four and one-fourth nautical 
miles to a point on the west shore of l\ent island, in range of 4'homas' I'oint and 'i'iionnis' 
Point light, and in about lat. .".s" .",1' Id" N., and long. 2" 21' Id" W. ; on the east by the shore 
line of the west shore of Kent island to Kent Point, hit. oS"-- ."id' N., long. 2' 21' -"id" \\.. thence 
.N. i->. by E., for about five and three-1'oni-tiis nautical miles across the mouths of Shipping ( 'reek, 
Coxe's Creek and Crab .\lley Creek to the .<onth point of Parson's island, lat. -".s ■ .")!(' X., long. 2'^ 
I 4' -'id" W., tluoice south about two and one-eigth nantical miles across l']aster:i l!ay to 'i'ilgh man's 
Point, theni-e along the shoi'e line to T,(iw l^lint, lat. -"iS 4<i' ."."i" .N., long. 2 lit' 4.'," \\'. ; on the 



MMitli bv ;i line t'l-oui I-nw I'iiiut west liy north about one and one-fouvtli nautical miles to tlie- 
iiortli pidut of Poplar island, lat. :W' Mi' A'," X., Ion- -I' 'l-l" \V.; thence W. J S. about seven 
and five-eiyhths miles to Parker's Island, at the nortli of tlie moutli of llerrin.n' \\\y, in hit. .•'.8'' 
4ii' 10" X.. lonu'. •_'' •">"-!' W. ; on the west l)y a line from the south point of I'arkers Island X. E. 
by !•:. about three and one-half nautical miles to Franklin Point, thence E. by X. about one and 
seveu-twtdfths nautical miles to Horseshoe Point, lat. •".S" :,()' •_'()" X., Ion--. iZ ' :^s' .".d" \\., tlicnce 
nortli about two and tlirec-fourt lis nautical miles across the numtlis of liliode Piver and AVest 
IMver to Sauuder's Point, lat. -■'.s ■>■',' X., long. :^" 'JS' .""..'." AW, thence X. V.. \ E. about two 
and one-sixth nautical miles across the nnuith of South i.'iver to Thomas' Point. 

District Xii. li. 'i'his district \vhi(di shall be known as ■• Histrict Xo. H," shall ini-huh^ 

all waters under the exidusive jurisdiction of the State, within the following boundaries: Ou 
tlie north a line from the sonth jioint of Parker's Island, \\. \ X. for about seven and 
five-eigliths nautical miles to the north point of Poplar Island, lat. -'IS- hi' 4"»" X., hmg. -1° 'l-r 
W.;t]ience K. by S. about one and one-fourth nautical miles to Low Point, lat. oS" -Id' -'i")" X.. 
long. •-! lit' -1.")' W. ; on the luist by coast line across the west mouth of Knapp's Xarrows to the 
north point of I'aw Paw Cove on tin- west shore of Tilghman's Island, in hit. -".S' A'l' X., long. -1' 
20' 411" W. : on the South by a line from the north point of the moutli of Paw Paw Cove X. by \V.. 
about S;' nautical miles from Holland Point, lat. .".s \:V \:," X., long. -1- ;'.l' 10" \\.\ on 
the west by a line from Holland Point X. by W. about two and one-half nautical miles across 
the mouth'of Herring Bay to tin- south point of Parker's Island, lat. .'.s ' 4i;' lo" N., long, -r :12' W. 

District Xo. 7. This district, whiidi shall be known as -'District No. 7," shall iiudnde 

all waters within the exidusive Jurisdiction of the State within the following boual- 
aries: On the north a line from Holland Point S. by Iv about eiglit and one-tliii'd 
nautical miles to the north point of Paw Paw Cove, ou the west shore of Tilghman's Island, in 
lat. :W 42' X., long. 2° 2o' to"W.; tlience soutliward along tlu' west shore of Tilglmian's 
Island across the mouth of Paw Paw Cove to the south point nf Tilghnuiu's Island, lat. .-'.s^ ;!ii'- 
Tid" X.,lout;'. 2*^ 20" W. : thence N. E. about one and one-sixth nautical miles across the nuuitli of 
lilackwalnut Cove to JUackwalunt Point, lat. ••;s^- to' :;.V' N., long. 2° 19' W. ; thence K. A S. 
about five and two-thirds nautical miles across the uuudhs of Harris Creek, ISroad Creek and 
Irish Creek to ISencnii's Point, lat. -'.s ' lu' 10" X., long. 2° 11' 1')" ^\'. ; thence S. E. about two and 
one-eit>-hth nautical miles across the miuxth of Treadhaveu Creek to Chlm-a's Point, lat. -W" .18' lo" 
X., lonti-. 2" 8' :i-'»" W. ; on the south and east by a lim- from Chlora's Point S. l)y W. about eleven 
twelftlis of one luxutical mile across the Choptank lliver to Castlehaveu Point lat.-".-i" .•'.7' .■'.()" X.. 
loim-. 2- !!' •■'.")" W'.; thence following the shore line to Hill's Point, lat. ;>S'' -V-V lo" X., long. 2° is' 
;iO" W. ; thence S. W. abniit two nautical miles across the little Choptank River to .lames i'oint. 
lat. -'jS- ;;i' ■")()" N.. lout;-. 2 20' 4')" W. ; on the sonth by a line west from -hnnes Point about 
seven and three-fourths niiles to Parker's Creek, lat. "vS" ;!2' ii2" X., long. 2° .'iO' 4.")" W. : on the 
Avest by the coast line from Parker's Creek to Holland Point, lat. -"^S" 4:'.' 4.')" N., long. 2° .il' 10" W. 
District No. s.— Tills district, which shall be known as •• District Xo. 8," shall imdude all 
waters under the exrlusive jurisdicti(ui of the State within thi^ following boundaries: On the 
north a line from Parker's Creek, lat. ;58'' -Vl' (i" X., long. 2 .lo' 4-->" E., about seven and three- 
fourths nautical miles to .lames Point, lat. .".x" .11' -jO" X., long. 2"^ 20' 40" W. ; on the eaist by the 
shore line from .lames Point to the south point of tlie mouth of a creek at the south end of Tay- 
Im-'s Island, in about lat. .'SS- :;.")' 2"j" X., long. 2'-' It)' ■!•")" \\ .: on the south by a line from this point 
S. A\ . by W. about 4A nautical miles to Cove Point Light, lat. :'.S° 2:'.' Ij" X'., long. 2^= 22' :W \\ .-, on 
the west by tlie shore line frmu Cove Point Light to Parker's Creek, lat. ;'.8° .".2' (>" X., long. 2° 
:iO'4.V' \\. 

District Xo. iK — This district, wliich shall be known as " i»istrict Xo. I»," shall include all 
waters within the exclusive jurisdiction of the State within tlie following boundaries : On the 



ISl 

nortli hy n liiif iiortliwi'st alnMit 1.1 iiaiitira] miles U> the iihmiI Ii of a creek (Hi the \ve^ t sliore mi 
Taylor's Island, bit. .'JS- ;l.V -r," \.. l,,,:--. J ' 17' ;;•■)" W.; tlieuee along the shore line and cJiain of 
isliuids to south ])oint of liarren Island, lat. -'IS ' is' 4(i" N., lony-. ■_'"' 14' 4.")" W.: thence southeast 
across luoutli of Tar liny and aloii-- west coast of Hooper's Island to h'ichland Point. lat.'-'.S 14' 
'22" N., long. 2° 1(1' W.; theuce across Richland Covi' and nuMitli of llonpi U'ivei- to Hooper's Strait 
Li,y-ht, lat. .-IS'' l;;' :;()" N.. lon.u-. 2' :',' .".()" W.; on the soidli l>y a line southwest and west alx.nt 1:; 
nautical miles to I'oinI No I'oiut, in lat. -'.s s' 3)" N.. lorn;-. ■_!'' is' .-,.-," \y,- ,,u the west by shore 
lin(> fi-om Point .\o i'oiut to a iioint on the south shore of the I'atnxeiit Uiver due south of Drum 
I'oint : from thence north a hold 1 nautical ni i h- across th- I'atiixent Uiver to jtriiiu I'oiul ; 1 hence 
foUowinji' si ore line to ( 'ove Point l,ii;li1, 

Dis/r/cf Xn. HI— Thisdistrict, which shall he desi-uati'd and known a- "1 >istrict No. In," shall 
include and consist of all «atiM-s within the (■A(dusive jurisdiction of the State witiiin the foP 
lowinii- boundaries, to wit : on the iku-IIi a line from Point No Point, in lat. -"W' s' 2i)" Ns'., loni;-. 
2° is' .").')" W. : N. K. ])y K. about twidve and seven-eiKhths miles to Hoojier's Strait Li.yiit, in lat. 
r{s-' !■_>' "i7" .N.. lon.i;-. 2'-' \' IS" W. ; thence K. by S. about one and seven-eighths nautical miles to 
Bislu.iii's Head, in lat. -is Il''4-V' N., long. 2' 1'.;."." W . ■ thi'iice X. p]. by K. a,bont 2 and seven- 
eighths nautical miles across month of Pishing I'.ay to day Nhiiid Light ; thence sonth l)y east 
about two and one-third nautical miles acros-^ mouths of Nanlicoke River and Mcuiie Pay to 
Haines' P(_)int ; thenci' south across mouth of Paw's Thoronghfai-e and a long west shore of 
Deil's Island and across the mouth Power Thoroughfare to S. W. jioint of Pittle Island, in lat. 
.•JS"" ()' 4")" X., long. P .'iii' :;."(" W. ; thence S. W. about lixc nautical nuies to Solomon's Pump 
Liglit. lat. .3.S 2' 4!t" X., long. 2 ' o' :',2" W. ; thence \V. by .S. about fourteen and one-half nauti- 
cal miles to Point Pookont. in lat. •'is ' 2' Ki" N., long. 2'- lit' 1" W. : flnuice along shore line to 
Point Xo Point, in lat. oS -■ S' -jn" X., long. 2 PS' .").■■)" W. 

IHstrict Xi). 11. — This district, which shall be designated and known as " District No. 11," 
,«hall in(dude and consist of all waters under the excdnsive Jurisdiction of the State within the 
following l.)oumlai-ies, to wit : ( )n the north a line from Point Pookont, in lat. -'is '^ 2' pi" X., 
hmg. ■_'" 1!»'1"W.; K. by N. about fourteen and one-half iiantica I miles to Soloniou's Lump Light, 
in lat. -'IS' •_>' 4!)". long. 2" o' :\2" ; from .Solomon's Pump Piglit N. P. about five nautical miles to 
southwest ]>oint of Pittle Island, in lat. -'is ' (;' 4">" .N., long. 1' .'id' .",."," \\ . \ thence S. p.ab(Uit live 
nautical miles to llazzard's Point, lat. :!S'' p lo". h)ng. 1 " .")L'' 4ii" W. ; thence S. .1 1-;. .ibont two 
and one-fourth nautical miles to Plat Cap Point, in lat. -is - 2' '■'," .N., long. 1' ■}2' •">" W. ; tlienc(! 
following slnu'e line to a point we^t of < )ld House (_'ove, in lat. .".T' "iS' I'o" jcnii:'. 1 -rl' 4(1": 
thence S. M for about ; nautical miles across the mouili of the Pittle .\nnamesse\ i;i\'(M' to 
the south point of its mouth, in lat. '-u' 'n' oi*"., long. 1 ')2' ;'.n" ; thence following shore lino 
to W'iitkins' Point, in lat. ■'i?'' ■)4' .'Js" N., long. I" ".2' -"id" W. ; on the south by the boundary between 
Maryland and \'irgiuia, westward frcun M'atkin's I'oiut lor about 17 nautical miles to Smith's 
Point, at the month of Pittle Wicomico Ui\cr, in N'irginia. in hit. •".7- •").';' S" N., long. 2'-' 1.'!'4.")" 
"\V. ; on the w(^st by a line N. W. by X. about leu and one-half nautii-a,l miles from '^aid point on 
State line to Point Pookont, in lat. .'is ■_>' k;" N., long. 2° 1!)' 1" W. 

A/i'/ fir if t'j/acfe(/,'['lii\t tin; ( 'ouimander of the State (.)yster Navy shall erect at all points 
where, in the judgment of the State < )yster ( 'omniissioner such marks are necessary, permanent 
sigTials or beacons, or buoys to mark the boundary of the adja(^ent districts, and to be used as 
laiulmarks in designating oyster grounds according the pi-ovisions of this act. 

All'/ he it enacted. That the districts of the Deeji Water Oyster Fishery herein named, to 
wit: District Xo. 2, District No. 4. District No. (!, District Xo. «, and District Xo. 10, shall lie 
closed to the public, and no date at which they shall be ojiened shall be fixed at thisj time, and 
the said disti-icts shall be designated ami known as the " Closerl Watei's of the Deep Water 



]S2 



Oystea- Fislicry."' Tlipy sliiill lie left \o rociiiiemtc ;is \r(>ll as to sorvc as a source of spat for the 
adJiU'tMit districts, and no ])erson or persons shall lie ailowe'd to take oysters from tlie said dis- 
tricts in any manner ; provided that nothinu' in this act shall he construed to jirevent any 
person wlio holds any .yronnd for the cult ivation of oysters under the provisions of this act, 
herein stated, from taking- oyst(n-s in sucli manner as said ])erson may (dect.at any time hetw(>en 
sunrise ;i,nd sunset, excejjt on Sundays. 

At/d />'' it ciKK-tech '["Iiat the Oyster (Commissioners shall, each y(>ar. make careful and 
thorouKh examinations of all tiie oyster lu'ds known to tliem in the said disi ricts, to wit : 
'■District No. -J," "District No. I." ••District No. (i,"' "District \o. s,"" "District No. 10," 
ami tliey shall mal<e an annual report to tlu' < lemu-al Assembly, d(>tailinii- the results of sncli 
examination, and whenever, in their judu-ment tlies(^ districts, oranyof them, are sufficiently 
restored, they siiall rec(nnnn'ud to the (ieneral .\ssembly that they be opened to the publi(! 
for the taking of oysters, and they shall also desiy-nate another district or i)ortion of a district, 
of e(piivalent or neai'ly ecinivalent area, and shall I'ecommend that it b(> closed. 

And he i( ciKuied, 'VIvaX that the district herein described, as District No. 4, shall be set 
apart as a, State oyster farm, and the Oyster Commissioners shall cause the bottom of said area 
to lie shelleil. and they shall emiili)y;ill dther means known to them for speedily and thor- 
ouLilily restorin-- the oyster beds of said area to a prosperous c<mdition. 

And he il >' iitti-ied. That, whenever aindication shall be nuide in the manner and form 
liereinaftei- described, by any ]ierson who has resided in the State for not less than on(> year next 
precedinii' the date of such a])]ilication to the State (Xvster Commissioners, for the rit^'ht to 

{■ultivate oystei-s upon desi.ynated a,nd unoccni)ied portions of District No. (i, , the said 

commissioners, shall direct the commander of tlu' State Fishery Force to survey the area thus 
applied for and to locate and delineate it upcni a mip of district No. (i, which shall be dejio.sited 
in the office of the. Oyster Commission. 

'I'he api)lication to the the Oystei- Commissioners shall be in the followinj:- forn ; 

ApjiUi-adiDi J'lir <i <!r(nd In l/ic thjalcr ('(uninissinjifrx c/' lite Slair of Mar ill and. 

The a]iplication of . a resident ot the town (or countyi of , in the State of 

NTarylaud. respectfully shows: tliat he has resided in said State more tlian one year next 
preceding the date of this application ; that the i^^ronnds, hereinaft(n- described, are undeiguated 
grounds; that he wishes and inti'nds to use said grounds tor cultivating oystei^s. He. therefore^ 

respi'ctfuUy re(piest that the said commissioners, jiursuaut to .will t;i-ant to him, in 

tlie n-ame and behalf of the State of ]\hirylaud. a perpetual franchise for cultivating oysters in 

acres of gronmls, locaf ed under the waters of INrarylaml, wiliiin the limits of District No. G, 

which grounds ai-e inore jiarticnla rly bounded ami descrified as follows, to wit : 

l);,t,-d at , Maryland, this day of , .\. D. iss— . 

applira id. 



And be il enarlcd, That as soon as said map lias been ]irepared by the State I'lshery ]''orce, 
ami is dejiosited in the office of the State Oyster Commission, the said Oyster Commissi(un-rs 
shall publisli the following notice in three daily papers published in the State: 

Notice is herelty given, tlnil whereas , a resident of the , in the Stati^ of 

Maryland, has filed an ;ii)plication with the Oyster ('ommis.sioneri of the State of Maryland, 
requesting said commissioners to grant to him, in the nanu: and behalf of the State of 

Maryland, a perpetual franchise for cultivating oysters in acres of ground, located in 

District No. *!, in thi> State of ?ilaryland, and particularly lionndeil and d(vcribed ;is IVillows, to 
wit: . 



Tliei'efore ilie said ( iinunissLDiiors do hpivliy u^ivo uotiri' llial I lu-y will stdl tin" jior- 
polual I'iii'ht to cultivate oysters u]m)ii the aV)ove di'srrilicd trart to the liitchest l)i(hler, who 

sJiall be ii citi/en of Maryhind, at iiul)lir auction, at . thirty days (or thii-ty-oiiei from 

tliis date. Tlie Oyster Coiniiii>sioiiei's, in Ixdnilf of tlie State, reserve tlie I'lu^ht to rt\ject all liids. 

Dated at , tliis day of . A. I>. l.^s . 

Siiiin-d, 



n//x/l'/ ( 'nill IN isxidln !■■■< llf fill- Sllllc f|/' M<l I i/Jii.nil . 

.\nd npoii tlh' da\' named in >a.i(l noUec, they shall sell the ri<_;lit lo enl(i\ale nysl<>i-s iii)on 
tin' area named in said notice, at jinhlic auction, a1 llie jilacr nann-il inv;ii(l not ice. pi-ovided 
lliat they shall have the rl^dd lo reject all bids. 

And be if i'//(ict('(/, '\lii\\ t he hiiidiesl hiddei' at said iiid)lic salesliall, if he lias Ikmmi a, i-esi- 
<lent of tlie State for a,( least one yea r in'.\t jirecediuL;', recei\'e from the ( )ystei- ( onini iss loners, u)ion 
payment of the i)n re ha se numey, a written lease, in the nninnera,nd form hei-(^inafter sfateih wliicli 
sliall convey to ]iim and his heirs and assi.uns forever the ri.^ht to cultivate oysters U|iiin thearea 
desci'ibed in said lease, and toi^ather themat sucli times a ml in sucji manner as he shall d(^sii'e,an(l 
which shall entitle sa id pure ha si m- to ju'otection, !jy the officers of t lii' State, in the eiijoyment of alj 
1 he riu'hts conveyed l)y said lease, jn-ovided that nothiiit;' in this act sliall be construed ti^ ix'i-init 
the takint;' of oysters ini Sunda'y or i n the iiiyht season ; and jirovided that the oyster commis- 
sioners, in bidialf of the .Stale, reserve the riiidit to reject all bids; and ]irovided tlie .State 
reserves the ri.u'ht to tax all oysters which maybe u]ion the area desiniialed in said lease, wliicli 
lease shall be in the manner and foi-m followini:', to wit : 

(_i I'd 111 nj' ( hjKlcr Fill iirJi i xr. 

Wlnn-eas, , resident of the State of Maryland, lias jnirchased at ]iulilii' ancti.iii, from 

I he ( )yster Commissioners of the State of Maryland, the ])ei"iietual riii'ht to cultivate oysters 
niion the grounds hereinaft(n' described; and wherinis said grounds have been snr\'eyed and 

majiiied, and have been advertised foi- sale in jiajiers of the date of the day of 

, A. !>., I'SS : and whereas the sum of has l)pen paid by the said t.o tln^ 

said Oyster Commissioners lor the bemMit of the State of Maryland : 

Now, therefore, know all men by these pu-eseuts. that the Slate of Maryland, actiiii;- by and 
throu.a^h the Oyster ( 'ommissioners, in consideration of the premises, and esjiecially for the sum 

of . dnly received fr(nii said • . hath iii\en and ,t;ronted, and by these ]n'(>s(>iits 

doth y-ive and prant unto the said and to le,i4'al re])resentatives forever a per])etua,l 

franchise for the cultivation of oysters, ;ind fm- the yatliei'lnt;' of the said oystei's in sik'Ii man- 
ner and at such time as shall choose, either in jjerson or othei-wise, in the a('re,s 

of L;'round bounded as folloA\s, that is to say : . To lia\e and to hold tlie 

same unto the said .yra.n tee and leu'al icpresenli ves, lo the mily use of the sa id ,L;"rantee 

and leii'al rejjresentati ves fore\ er. 

Provided, that this yrant shall not interfere with any establi>hed ri^lit of lishiin;-, and shall 
not obstruct navi.yation ; and lU'ovided that said Lirantee >liall at oiicecausi' tlie said ^'rounds to 
be plainly marked l)y stakes, buoys, rantres or monuments, which landmai-ks shall lie continued 

by said ti'rantee and le^•al representatives; and i)rovided (hat the State reserves the rin'lit 

to tax the t)ysters whii-h nia\' be cultivated or obtained u]ion the area abo\ e desci'ibed ; and 
provided further thai this i^rant is accepted by said grantee subject to all the aforesaid 
]U'ovlsion-i. 



1S4 

liL witness wlifi-fof. tlic OystiT Coinmissioiiers in brluilf of the .State of Maryland, by virtne 

of the authority vested in tlicni by ]iav(Oiereto set their hands and seals this day 

of , A. 1). iss . 

Si-'iied, scaled, and dtdiviTrd in i)rcsen<-e of 

■ ['•• ^O 

['•• -■] 

['•■ -■] 

Mo. : \. D. isx . 

Personally appeared .Oyster ('oniniissiont-rs of the State of Maryland, si.y-ners- 

and sealers of the foi'egoing instrument, and severally acknowled.-i'ed the same to be tlieir free 
act and deed in b.dialf of the State of :^^aryland, and in their own belialf, before me, 

Si^Miature . 

I'lioii rceeijit of said instrument of eonveyanre, said .uraidi'«> shall at once cause the .^rounds 
therein conveyed to be plainly marked out by stakes. Ijushes, biuiys. ranges, or uionuments. and 
he shall, at once, idace at the n(n-th-east corner ol said area a tai;- bearinii- idaiuly inarked upon 
it his name or initials and tin' letters N. K. ; and at the north-Avcst corner a similar tag with his 
name or initials and the letters \. W., and at the soutli-west c(M-ner a similar U^ with his name 
or initial^^and the letters S. W.. and at the south-east c(U'nei- a similar tay- with his name or 
initials and tlie letters S. !•:.. which ta-s shall be so secnred tliat thi'y sliall be above liigh-water 
mark; ami said tii'antee and his leu-al representatives shall continue s;i id stakes, bushes, bimys. 
ranyes and marks. 

If any area conveyed tti a resident of Maryland tor the cultivation of oysters, as herein, 
provided, shall renuiin witliont the landmarks and otlier marks prescribed in sec. — , for one 
year after notice of the absence of said marks has been u-iven by the .^tate ti> the owner of said 
franchise or his legal representative, as the same shall appear on the books of flu- State Oyster 
Commission, said area shall revert to the State of Maryland, and said lease sliall bec(une of no 
value; and nothing in this act shall be construed to give to the holders of land for the cultiva- 
tion of oysters, the right to cultivate (U- take oysters upon said laud unless the huidmarks and 
other marks prescriljed by tins act are in place at the time said oysters are planted or taken. 

.Vuy franchise for the cultivation of oysters granted according to the provisions of this act 
mav be' assigned to any resident of the State of ^hlryland by a written assignment in manner 

and form following : 

Assiynuteiii of (h/sler Fraiicliisr. 

Know all men by tln-se i)resents, tliat , of the and State of Maryland, 

in consideration of the sum of dollars ivceived to full satisfaction has sold^ 

assigned and conveyed, and by these presents does sell, assign and convey to . of the 

;,nd tlie State of Maryland, all such rigid, title and interest as has or ought to 

have in ami to the perjietnal framdiise for cultivating oysters in the following described 

grounds, to wit : , being the sanu' frantdiise heretotofore granted to , of the 

'I ;|,id the State of ^Shiryland, by the Oyster rommissioners of >huyland, by grant, dated 

|.]jp dav of . A. 1>. If^.'^ .and recorded in tlie oflice of the Oyster Commissioners at 

in the oflice of the State Oyster Commission, at . in book .page — , to have and 

to hold the same unto the said assignee and his legal representatives forever, subject, never, 
theless, to all the conditions, reservations, stipulations and provisions in the said grant contained.. 

In witness whereof. have hereto set our liand and seal this day of 

A. P. l«>i . 



Siiint'd. fiealed and delivei-ed in presence of 



[T,. S. i 
[L.S.1 
[I.. S.] 



ISo 



— . .Mi>., 

Personally iqiiicai'i'd 
edtred tlic siuin' to be 



l\t'ct'i\i'(i fur rcrord 



— . A. 1). ]ss . 

. sknier and soalci- 



if the f(»r('i;()iiii;- iiist nunt'iit , and afkimwl- 



frt'i' act ami deed hrfurc me 



-, iss 



at — (I'iddck 



M. 



And ln' 11 rinii'li'd, 'Dial all a|iidicati<iiis, dcsiu'iiat ions. assiL'Uiiu'nts and all |ia|icrs and iiia]).-^ 
l»ertsiiniii,<r to any allotniciit, dcsiiiuatioii or assit;iiiii(Mit of oystoi- g-rounds within the ilccii-watcr 
oyster fishery shall he recorded in the oHice of the ( )yster ( oniniissiou. 

And he it enacted, Tliat thesaiuefeessha.il be paid for recording or copying ]ia])ers and 
maps in the office of the ( )yster ( 'oiiuuisslou as are (diarycd iiy the (Jouuty Clerks for like ser- 
vices : and all fees so ]iaid shall he aci-onided for and paid tn the Treasurer of the State for I he 
benefit of th»^ State. 

And lie it emicli-d , That leasehold interests in oyster beds, L;i-anted according' to tlie iiro\ i- 
sions of this act, may lie attaidied in the same manner as real estate, and exei-ntions ma\- be 
levied (ni them in the same manner as upon real estate. 

Whenever the I'iiiht to cultivate oysters in any part of ■• Hislrict No. (i " shall be sold 
accordin.i;- to the juvnisions of this act, the()yster ( 'ommissioners sliall at once give written 
notice to the Chu-ks of the ( 'ircnit < 'nnrt in t he c(tunties bordering u]>on said district tlia,f>aid 
riglit lias been sold, and thai no application shall thei'caftin- be received by said (derks for per- 
mits to cultivate oysters niiou any |iart of said area ninh'r the pi-ovisious of this act. 

Tlie districts of the Deep-Water Oyster Fishery, herein named, to-wit, '■ district No. l," 
" District Xo. :!," " District No. •")," " District No. 7," " District No. It," and " District Xo. 11," slial! 
be known as the "ojien \vat(>rs of the Deep-Water < )yster Fishery." and shall be open to all i»er- 
sons, who have been resideidsof theState of Maryland fortlie yearnext jireceding, for thecattdi- 
iiig of oysters under the ]iro\ isions and restrictions hereinafter named. 

No ]ierson shall tak<' or cat(di oysters within the open waters of the Deej)- Water ()\ -lei- 
Fishery between the 1st day of .\pril, i.SSI, and tin,' l")Ui day October, l.SS-l, or between tin- 1st 
day of April, is.s."), and the I'ltli day of October, Iss."), or during the time which shall be estali- 
lished as a (dosed season by the (Jeneral .Vssembly at its session in issi;, or on Sunday, or in lh(> 
night time, provided that nothing in this act shall be (H>nstrued to prohibit any holder of 
ground appropriated for the cultivation of oysters under the jirovisions of this act from taking- 
oysters in the day time at ;iny time except (.>n Siniday. 

Tlie Oyster (Jommissioiun-s shall make annual examination of all tin' oystei- beds known 
to them in the oiien waters of the deeii-water oyst<'r lishery, and they shall report to the (Jen- 
eral Assembly the results of this e.vamination, and whenever any of the districts which are 
cdosed by the jiidvisions of this act shall, in their Jinlgment. be in ]iro]ier condition to Ite opened 
they shall stdect districts of eipuvalent or nearly e(piivaleid area within the open waters, and 
shall recommend that they be (dosed in [ilace of those whicli are opened. 

Whenever, in the jndgmeid of the Oyster < Commissioners, any oyster bed within the o]ien 
waters is in imminent danger of exhaustion they may (dose sn(di b(>d for such time as tliey 
may deem ne('essary, and the Commander of the Fishery Force shall at once cause four sjiar 
buoys to be jilaced at the four corners of the said oyster bed, said buoys to be two feet long and 
ten iiudies in diameter, ])ainted in alternate red, bla(dv and white bands four in(dies wide, and 
the buoy whi(di is placed at the northeast corner shall luive the letters X. F. painted in black. 
four inches high, on one of the white stripes, and the buoy whi(di is placed at tlie northwest 
corner shall liave the letters X. W. ]>aiided in the same way. and that at the soutlnvest corner 
the letters S. W.. and that at the sontln/ast corner the letters S. F. : provided that no part of 



1S(1 

the (i]H'u waters shall lio closed within one year fnim the jmssa.u-e of tliis act, and provido^d tliat 
not iiuirc tliaii one-half of any district shall be (dosed at any one time, and provided that no 
hcd shall be closed for more than one year, except by an act of the (ieiieral Assembly, 

\o boat propelled in part or entindy by steam shall be nsed in catfdiing oysters witliin the 
decp-wat(>r oyster fishery, and no other boat shall l)e nsed iu catfdiinK oysters witli scoop, scrape, 
dredii-e or similar instrnment, nnlcss said ))oat shall have on lioard at the time said boat i.s so 
used in lalvini;- oysters a license whifdi shall have been issned to said boat accordin,t;- to the pro- 
visionsof tliisact; jirovided that nothin,-' in this act shall be constrned to invvent any Iiolder 
of u'roiinds a.]>propriated for the cnltivation of oysters, nnder the provisions of this act, from 
iakinu' oysters npon said .yronnds in sucli manner as he shall choose. 

Any resident of the State of Maryland may make application, in writinu', to the Comp- 
trollci' (if (he Treasnry for a licence to ns(> any 1)oat or vessel in dred,L;-in,i;- for oyster.-; within 
the open waters of the Deep Water Oyster fMshi>ry, whi(di application shall have attached to it 
a ci'rtificate from a iderlv of tlic<ircMil (onrt. or the iderlv of the C'onrt of Common Pleas of 
liaitiniore ( 'ity, or the < 'omptroUer or his (dei-k, that >aid a]>]dicaid has personally appeared before 
liini and made oath tliat all the statements contain, 'd in slid application are true, and said 
ap;iiication shiU be accompanied by a written certificate that' the misterof said boat liasnrade 
oarli, in tin' same manner, that he has l)een a resident of the State id' Maryland for one year 
next iireccdin-- the date of saidapjdication ; and if the boat for whi(di a license is asked shall 
have been measnred by the oyster commissioners, said apidication shall bi' accomi)a,nied 
by their certificate of the enrollnuMit ami lonna.ii'e of said boat, shall state the name and (das.^ 
of said Itoat, and shall be in inannevand form following, to wit : 

1_ , a re>ident of theconntyof , in the .State of Mary- 
land, do respectfidly show that I liave lieen a i-esident of the State of ^[aryland for one year 

next preceding the date of this application; that I am the owner of the 

<^,f ; that there is no lien on said boat ludd bya non-resident o"' Maryland: that 

the said boat is of toimage ; that the said boat is not Indd with an intention to violate the 

hiw. 1 therefore respeidfnlly re(|nest that you will issne to me a lic(>nse to nse said 

in dredu'ing for oysters within the oiien waters of the Deep Water Oyster Fislnny, according to 
the provisions of an act cmtitled "An Act to Ti'otect and Inii>rovethe Oyster Fisheriivs of the 

Chesapeake 15ay and its Tril)ntaries." passed by the Cenei-al Assend)ly of Maryland on the . 

, A. 1'., b'<>^ — . Signed . 

And he il eiiaded. That no licensi- to dredge for oysters shall be issned to any boat, until 
8n id boat shall have received a certificate of toimage, from the board of State Oyster Commis- 
sioiKMs, ami that the State Oyster Commissiom-rs shall, npon application, and npon receipt of a 
fee of ij^Ki, measnre the tonnage of any lioat, according to the rules for the measurement of ton- 
],.,o.(. , and shall issne to the ai>plicant a certificate of tlu> tonnage of said boat. 

rpon receipt of an application in writing in tlie manner and form provided in section —of 
thi> act, together with the aci-ompaninu' documents, and npon the receipt of three dcdlars per 
ton for every ton said boat may measure, the Ccnnptroller of the 'I'reasury shall issue to said 
applicant a license to nse said boat in dredging for oysters within the op'^'i^ waters of the Deep 
Mater < )yster Fishery, for one year from the day when said license is issu(>d, which license shall 
be in manner and form following, to wit: 

\Vli,.|.,.as , of the county of . in tfie .State of Maryland, lias made aiijilication to 

me for a license to use the of in taking oysters with dredges within the open 

waters of the Deep Water Oyster Fishery, and whereas said has complied with all the 

requirements of an act entitled "An Act to Protect and Imiirove tlie Oyster Fisheries of the 



1.S7 

I'lu'Niiieako I'.ny and ils 'rrihiitai'ics," i)a^sed liy tlio (loncral As>cinlily on tlip — day of — ISS — ; 

-and wlieiva-s said lins ]i;iid lo iiie tlic sum of for ilic Jicmdit of tin- Stntcof 

Maryland ; now, tlicrcfoi't'. 

Know all men ))y these iire<ents, that the State of ArMrylnnd. in i-onsidrm ti<Mi of {\\r |irem- 

ises, and especially for the sum ol' duly received from saiil does L;-i\c' unto the said 

the riglit to use said in takini;- oysters with dredu'es oi- si niila r insl runients for one 

year from tins date, witliin t lie districts described and desii^-nated as tin' open waters of the 
Dei'ii Water ( )yster Fishery in section — of the act hei-einhefore mentioned; proxided tliat said 
l)nat shall not be used for ta i<in-' oysters on iSundayor in the niulit t inn-, oi- l)etween the lirst day 
of .Vpril and the fifteenth day of (),-t')b 'i-. o/ in any waters e.\ci'[>t the waters hereinbid'orc de<- 
i.ynated, or onany beds reserved and Imoyed by the Stat(> Fish(>ry Force, in acrordanci' willi the 
in'ovisions of section — of tlie acl hereiid)efore meidioned, or on any ii'ivnnids ajiin'opria ted, 
iiccordin.i;- to tlie provisions of said act, for tin' cullivation of oysters; ami ]ii-ovided further that 
this license shall be on bo.ird said bo;i 1 wh:'n(>\-er she is used |oi' ta ki le^- oyster~, and siiall lie 
-exhibited whenever called foi- by any officer of the .state of Maryland ; and ]U'o\idi'd said boat 
shall be desii;-na.t(Hl by the number — and shall exhibit the nninliei-s whi(di ai-e >|ieei lied and 
described in section id' tin' act hei'ei niiefore meuti<ined. 

, -Md.. , A. !>., is.s . 

SiuMUMl 



('mil i>l iiilh r lit' 1 lie Tii'iisiin/. 



And he U eiKirlfil. That all licenses whi(di shall be is-ued afler I he lii'sl day ol' April, iss."), 
..shall contain in pliM'e of (he words ■• l)etween the first day of Aju-il and 1 lie fifteentli day of 
October" the words •■during- the (dosed season Av]ii(di shall be established by the Ceneral 
.\ssend)ly at the session of bS.Sd," oi- (dse the dates wdiicdi shall be so established. 

A)i(l ht it CKii-h-d. 'i'hat if shall ))e lawful foi- tlie owner of any bo:it licensed to dredue for 
oysters a.ccordin.u' to the iirovisions (d' this a(d, whenexcr said owner shall s(dl and con\eyby 
bill of sale, for a Ixma, lide consideration, said boat unto any ix'rson who has been a resident of 
(he State of ^hiryland forat least one year, to tnuisfer the saiil licen>c lo ,siid veiulee with 
said boat, which license, when transferred, shall entitle said vendee to the sanu' i-ii:lil to use 
said l)oat in catidiing oysters that i he vendor or assignor had befoi-e said assiL;nnieid ; ]iro\ided 
the said vendor or a.ssiunm- shall appear Ixdore the < 'omptrollei- of tlie Treasury and inake oath 
Ixd'orehim to all the facts, matters, things an<l perquisites retjnired. according to the provision.s 
of this a(d, from an ai>p]icant for a license to nse a boat in dredging for oysters, and tlio 
( "oinptroller of the Treasury shall certify to said oath in wi'it ing n]ion said license, for whicli 
said assignee or vendee shall ]>ay the sum of five dollars for the benefit of the St;ite of 
Maryland. 

And be it ciKicted, That t he ( 'om]itr(dler of the Treasni'y shall have painted in black figures, 
on white canvas, two sets of uiindiers, corresponding to the license to ca.lcli oysters with scooji, 
scra]ie, dredge, or any similar instiamu'id ; each figure shall be twenty-two in(dies in lengtli,an(l 
of in-ojiortionate Avidtli, and the figures at hnisf six in(dies a]ia,rt ; and he shall give to ea.idi 
jierson taking out sucli license (wo numbers Ihei-eof, one <if \\hi(di shall bi' lii'inly sewed u]ion 
the starboard side ami in tJie middle of that i>art id' the niaiiisail whi(di is abo\c tlie idose reef, 
and thi' othei- number on the ]>oi-t side and in the middle jiarl of (he Jib Avhiidi is above the 
bouind and reef. These nundiei-s shall be jdaced in an upright ]Mi-;it ion and worn at all limes 
during the dredging season, and shall not lie concealed or did'aced ; and no other nunibi'r sJia II 
be c.xposi^l to view or u.sed than tliat whi(di is furnished by the (omptrollei-, who shall regist<>r 
the niunber of each boat licensed as above, and shall recoi-d upon tJie license the nnndier of t]ie 



IS.S 

boat, and shall, uiioii the rci-t'ipt <>( the sum of fifty ccuts for earh iminlx-r, issue duplieate- 
iiiiinliers: and any [lersoii wlio shall use, iu (li-ed.u'iiiii' for oysters, any licensed hoat wliich is 
not nnnibei'ed aerordlng to tin- provisions of tliis sei'tion. sliall lie liahle to the iienalties pre- 
scribed in this act foi" dredyinu' without a license. 

'I'Ih^ (Comptroller of the Treasury shall li'ive into tiie hands of cacli jierson who shall receive 
ironi him a license to use any jjoat in dredflnu' for oysters, and into tlie hands of eacdi assignee 
or vendee of any such boat, a copy of this act, together with a map or maps of the I)eep-A\'ater 
Oyster Fishery, upon Avhicli mai> or maps the districrts where dredging is allowed by law shall be 
clearly delineated; and the Couii)troller of the 'I'reasury shall cause a similar copy of tlie here- 
inbefore named laws and maps to be deli\ei-etl or sent ])y mail to any citizen of Maryland njion 
receipt of a recpiest for such laWs and ma])s and the sum of fifty cents. 

A/i(/ he !l enacted, 'i'hat the oflicer in command of each boat of the State j-'ishery l^'oree 
shall keep a daily I'ecord of the nnmbei-s of all vessels engauH'd in dredging in his district, am! 
shall forward this i-ecoi-d on th(» first day of (^aidi month to tlie lioard of State Oyster Commis- 
sioners, who shall entei- it in a l)ook kept for this imrpose, and whenever this record shall indi- 
cate that two or more boats are dnulging under the sanre number, the t'onunand(>r of the Fishery 
l""orce shall issui' orders to all officers to overluvnl and examine all boats whi(di e.vhibit said 
nvimber, and to arrest all persons and to seize all boats which are not licensed as herein jn'ovided. 

And he it enacted, 'I'hat any resident of tliis State desiring to use any l)oat in taking- 
oysters from public beds witli rakes or tongs, for sale, shall first obtain from the clerk of the 
Circuit Court of the county wherein he may reside a license therefor ; and such license shall 
have effect frt)m the first day of June, in the yeai' in which it ma\' have Ijeen obtained, to the 
first day of June ne.vt succeeding; provided that such license siiall not ant]i(n-iz(> the use of said 
Ijoat or canoe in takingoysteis within the limits of Districts Xos. 2. 4, li, s and HI, or on any lied 
which may be reserved and i)Uoyed by the officers of the State Fishery i'"orce, according t<i the 
jirovisitins of this act ; or the taking of oysters intiie niulit time or on Sun(hiy, or between ihe 
first day of .\pril and the fifteenth day of Octolx-r. 

A)i(t l)e it enacted. That each license to take oysters, for sale, with rakes or tongs, shaJl 
state the name and residence of the person to wiiom the sam;- is granted, the nnml^er of siid 
boat, the ])eriod at which .said license will e.vpire, and the length of the boat or canoe, measured 
along the to]i over all ; and every applicant for sucli license shall pay to the clerk of the court 
where such license may be granted, and before the issuing and d<di\'ei-y of the sanu', according 
to the following rates, viz : For any boat measuring in length twenty feet or less, the sum of 
two dollars; measuring from twenty to twenty-flvi> feet, the sum of three dollars; measuring 
from twenty-five to thii'ty feet, the sum of four dolhirs; and for any boat overthii-ty feet long, 
in(duding slooi>s nntler custom-house tomiage, the sum of fi\(' dollars ; and no license to take 
oysters with rakes or tongs shall lie issued to any boat oi- vessel which' is licensed to take 
oysters with <coop, scrape, drag, dredge, or any similar instrument ; and the Comptroller of the 
Treasury shall cause to l)e printed and didivered to the clerks of the Circuit Courts of tin> several 
counties the requisite numljer of l)lank licenses, and he shall take receipts for the same, as for 
other licens(»s furnished: and the said clerks shall, on the first .Monday in March and December 
in each year, return (n rlie Comptroller of the Treasury a list of all licenses issued, and shall 
pay to liim, to the credit of the oyster fund, all mom^ys received for licenses. 

And be it enacted-. That every applicant for a license to use any canoe or boat in taking- 
oysters with rakes or tongs shall be rcipured to make oath or affirmation before the clerk 
authorized to issue the same, or before some Justice of the peace, on whose certificate of the 
taking of such oath o.r affirmation the clerk .-hall issue said license, that the facts .set forth in 
Maid license are true: that he has been a ttuna fide resident of the State for tlie twelve months 



IS!) 

next prerodiim- liis njiplirfitin)! ; tliat lio will not nllow saiil i'ihum^ di- hoat Id hr iisi'ii in taking- 
<iysters l)y iioii-resiidpiits of tJio Statr ; that he will coinjily with all the law-< nf thi' Stat<^ 
rep-iilatiiiti: tho takin.i;- of oystors; and every persnn [o wlioni sm-li license >hall Ix^ iri-antHd 
shall paint the niiinber of his canoe or boat on'tlu> nntsido thei-eof, near the i^-nnwale, in lilack 
Jitcures not less than tlii'ee imdies hnm-ainl of proportionate width, mi a whit(v^''"iind, anil no 
numluM- othor tlian that in said said license shall ))p exfiosed to view on said canoe or boat ; and 
any ]iersoii who shall nse for takini: oysters a-iiy licenseil canoe or boat whicli is not nninbei'cd 
acroi'dinu- to th<^ ])rovisions of this act shall b(^ lialde to the penaltie.- jn'escribed by litis act for 
lakinu' oysters without a license. 

And }>i' i1 eiKich'd. 'Iliat t he ( 'lerk of the ('ii^^uit ('onrt shall irixe into the hands of each 
person who shall roc(Mve from him a llcensi' to nse any canoe oi' boat in ta,kin,u' oysters for sale 
with rakes or toiii^"-, a <-opy of this act. to^-ether with a inap or maps upon wliicli the watoi-a 
where tho takiny- of oysters is [n-idiibi ted shall be clearly delineated, and tlie ( 'omfit I'ol ler of 
llie Treasury t^ha 11 caus<> to be (irinted ;iiid (ieli\-ered to the ("lerk of the (irciiit (Jourt the 
requisite number of copies of this act and of th(^ \^\■,\\) or maps aliove named, and shall tako 
i-eceipt for thf same. 

And he if cmti-ltd. 'Hiat all ossters whi(di are taken from any of the public wafers of this 
State shall be culled u]ion their nalnral beds as tliey are taken, ami any person who shall remove 
or take away from any td' the public \\alers of this State any oyster shells e.\ci>pt tlmse wliicli 
are so firmly fastened to living oysters tliat theycannot be removed witlioul injnriuL;' (heoysters; 
and any ]iei-son who sliall take or sell an\ oysters for the ])ui'po~^e of i on\frt inu' tlieir shells into 
lime, or for tlie pui-jiose of nsiuLi' their shells in the m.aunfaclure of iron, (U- f(M' the fmrpose of 
nianurin.y land ; and any pei-son who shall use any o\-^tei-~ for manui-inu- land, or in the manu- 
facture of iron, oi' in the maunfact ui-e of lime; and any person who shall take oystei's within 
this State on Snmhiy, and any person who shall take oysti'rs in an\ of the public w.atm's of this 
State between the Mrs! day of Ai>ril ami the fifteenth dav of OcfoIxT; and an\- person who sliall 
lake oysters wif hin f he limits of I )ist ricf- No. 'J. No. I. No. (1. No. Sand No. fo, and anyi)ei-sou 
who shall, without authorif\-, take oystei's from an\- lia-ouuds aitprojiriated foi' the cultivation of 
oysters under the ]irovisions of this act ; and any pri'son wJio shall wilfully injure any i;-i'ounds 
thus ap]iro|u-iated foi- the culti\ at ion of oyster.-, and lawfully desii^nafed, marked out and en- 
(dosed, or the oysters therein, by depositiuii- mud oi' other substances t hei eon : and ,a n\- )iersiui 
wlm sliall wilfully injure, remoNc or displace any Imoys, bushes stakes or <it her marks which 
may be nsed to mark out any ,i.;-rounds ajipfopi-ialed foi- the cultiv;it ion of oysters ; and any jierson 
who shall injure tlie dam oru-ateof an/oysti-r ]i(nid ; and any i>ersou who shall i-emove from 
any u'round approjiriated for tlie cultivation of oysters any sulistance njiou which youn,i;- oyster.s 
Avill set : and any person who shall be found within tln^ boundaries of any uronnd api)ro])ia'atefl 
for the cultivation oi oysters, havini;- in his i)ossession any inslrumeut U>v takiu^- oysters, and 
beinn' ill the customary attitude foi- usiiii;- smdi instrninent ; and any pers(ui who shall nst> in 
takine- oysters in this State any lioat jn-oindled wh<-)lly or in jiart liy steam ; and any jiersoii 
■who shall take oysters with s(-rape, scooji, dray', di-edL;-e, or any similar instrument aiiywliere, 
in this State except within the limits of l)istri(-t No. I, No. '■'>. No. •">, No. 7, No. l» and No. 1 1 ; and 
any jii'i-son whoshalltake oysters in this.Sfate with scoop, si-i-ajn'. drau'. dredi^-eor similar instrn- 
meiil without haviiig-in his juvssession at the time the li(-ense reipiii-ed by the iir<i\ isions of 
this ai-t, and without e.xhibi tin^- the numbers required by the pi-ovisions id' this a<'t ; and 
any jierson who shall nse for takim;- oysterr in this State tor sale, with rake <ir tonu's, any 
canoe or boat, without having- in his possession at the time the license reipiired by th(> i)ro- 
visions of this act, and without exhibitinu' the number required by tliis ac-t ; and any jiersoii 
who, beinu- a non-ri'sidmd of this State, shall lake oystei-< in this State, shall be i.;-nilty of 



190 

IVl'iiiy, and any person wlio shall be convictefl of any of tlie offenaes liereinbefore named,, 
committed in the day time, shall be imprisoned in the penitentiary for not less tlian one nor 
more than three years for earli offense ; and any person wlio shall be convicted of any of the 
offenses hereinbefore named, committed in the night-time, and any person who shall take 
oysters in this St&te in the night time, shall be imprisoned in the penitentiary for not less than 
two nor more than five years, for each offense, and it shall be the duty of all sheriffs, depnty 
sheriffs, and constables, and of all officers of the State Fishery Force, to arrest all persons 
found violating any of the provisions of this act, and to bring them before a judge of the Cir- 
cuit Court or a justice of tln' peace, to be dealt with as herein provided; and any boat or canoe 
or vessel of any kind used in the violation of any of tlie provisions of this act sliall be for- 
feited to the State of Maryland, together with all her outfit, apparel and furniture, and all 
sheriffs, deputy sheriffs, and constables, and all officers of the State Fishery F(irce shall and 
any other person may seize any canoe, boat or vessel of any kind whicli shall have been used 
in violation of the provisions of this act, together with all her ^utfit, apparel and furniture, 
wherever found, within one year thereafter, and hold said property to be dealt with according 
to the provisions of this act ; prcjvided that nothing in this act shall be construed to forbid 
the holder of any grounds appropriated under the provisions of this act, for the cultivation 
of oysters, from taking said oysters, or from working upon said grounds, in any manner and 
at any time that said person may choose, except on Sunday or in the night; and provided that 
whenever any boat or vessel shall be used in the violation of any of the provisions of tliis act, the 
pers(m in command and the owner or owners, if aboard, and tlie master named in the license of 
said boat, if alioard, shall be held responsible, and shall l>e proceeded against as hereinafter 
provided. 

If any canoe, 1)()at or vessel of any kind sliall be seen in the attitude wliich is customary 
ft)r taking oysters, in any of the waters wliere the taking of oysters is prohibited by the 
]irovisions of this act, the said canoe, boat or vessel shall be pursued by any officer authorized 
by this act to make arrests, and if said canoe, boat or vessel shall be found to have on board any 
wet oysters or shill be found to have on board any instruments for taking or (Pitching oysters, it 
sliall l)e prima facia evidence that said canoe, boat or vessel has been used in violation of this act 
and it shall be tlie duty of the officer to ari'est the person in command of said canoe, boat or 
vessel, and the owner and master, if alxjard, and to bring the same liefore a judge liaving juris- 
diction, and to seize said canoe, boat or vessid with all hei- outflt, apparel and furniture, and to 
bring them before a judge of tlie Circuit Court or a justice of tlie peace, to be dealt with as 
lierein provided. 

And lie if eiiacied. That upon information given under oath to any judge of a Circuit Court 
having criminal jurisdiction, or to a justice of the peace, of any violation of the provisions of 
this act, he shall issue his warrant to the sheriff or any constable, or to any person whom he 
may authorize, reriuiring him to proceed forthwitli to arrest the party or parties alleged to have 
so offended, and to seize and to take into his possession any canoe, boat or vessel alleged to liave 
been used in such offence, together with all her outfit, apparel and furniture, and to produce such 
alleged offender Ijefore said judge or justice, and to retain in his custody such canoe, boat or 
vessel, to be dealt with according to the in-ovisions of this act, and to make such arrest and 
seizure the said officer may, if necessary, summon the ^.^o.v.sy:; cdiiiUatHS. 

And be it enacted, Tliat the judge or justice of the peace, before whom any person may be 
brought, ciiarged with a, violation (jf tlie pros'isio'ns of this act, shall swear the party so charged, 
to enter into recognizance with two sureties approved by said judge or justice of the peace, in a 
Sinn not less than five liundred dcdlars, for liis or their appearance at the first term df the 
Circuit Court thereafter, and in default therof, may commit said person or persons to jail; but 



191 

the said person or jiersoiis so cliari^ed lUiiy elect to bt; tried without delay Ix'fore said jnd^e or 
.justice, in whicli case the said .iud,t;v or Justice shall proceed forthwith to liear and determine 
the said charge ; and if in any trial the said charn'e sJiall be sustained, the said court, or judge, 
or justii'e of the jieace, sliall impose the jicualties ju-escribed in this act ; and whenev(M' any 
]ierson autliorized by this act to seize any boat, or canoe, or vessel, alleged to have been used 
in vi(»lating the provisions of this a<'t, sJiall seize any such canoe, bojit or vessel, said person, 
shall forthwith give notice to any judge or justii'e Jiaving jurisdiction, and said judge or justice 
shall order uotice to be given to the person wlio was in possession of ttie property s(d/.ed, or to 
the owner thereof, if known, that the (diarge of the commission of such olfeuse will lie ti'ied at 
tlie next term of the Circuit Court of tin; ('ounty in which su(di oti'ense is alleged to have been 
committed ; <«■, if the said person in possession, or owiuu-, shall (dect to have an immediate trial 
before said judge or justice, then the said jmlge or justice shall proceed fortliwith to hear and 
determine whether the said projierty was us«>d contrary to the provisions of this act; ami if in 
any trial the said property sha.ll ))e found to have been so used, the court, or judge, or justice, so 
finding, shall give immediate notice to the Hoard of State Oyster Commissioners, who shall at 

once take possession of said property and convey it to ; and on the first day of each 

February, ]\[ay, August and Xovendjer, the Hoard of State Oyster Commissioners shall publish 
in two daily papers printed in liaJtimore and in two newspapei's printed in other parts of the 
State, a list of all the forfeited jn-operty in their custody, and they shall, at the same time and 
places, give notice that said property will be sold on the first day of the next month, at their 
office, to the highest bidder for cash, and on the first day of Mandi, June, September and 
December, they shall cause all forfeited property, which has thus ])een advertised, to be sold at 
public auction, from the steps of their office, to the highest bidder for cash. 

And Jic. it eiKuied, That no person who buys or sells oyst(ii-s for food shall have in hi.s 
possessi(ui any oysters so small that a bushid measure, as defined by law, shall contain nnjre 
than three hundred of them, in tlieir shells, and each oyster, the shell of whicdi measures more 
than one-fourth of an inch in any direction, shall be legally an oyster, in the enforcHunent of 
this section. The penalty for the violation of the iirovisions of this section shall be a fine of 
§-jo for each offense, and the officers of the police boats shall visit all oyster-imcking houses at 
least twice in each year for the enforcement of this section, and they shall have power to seize 
and take away any oysters whi(di are hei-ein prescribed, and they may sell said oystiu's for seed 
to be planted, and tlie proceeds of such sale sliall be paid to tlie Comptrollei- of the Treasury to 
tlie credit of the oyster fund. 

A/tfl be /t enacft^d/nrdt no person shall use any oyster sliell for conversion into lime, nor 
in the manufacture of iron, nor in making roads or wharfs, under a penalty of .■?! ]ier Ijushel for 
all the shells so used; and no person shall deposit any shells in the public watei's of the State 
in the night time, or on Sunday, or from any vessel whi(di is at anidior, or whiidi is not under way 
at the time, or upon any bottom which tas not been designated for the dumping of shells bv 
the ( )yster Commission, under a penalty of S-jO for eaidi olfeuse ; and the ( )yster Commissioners 
shall publish, at least twice in each yeai-, in such newsp;ipers as shall be designated for the purpose, 
notices of the spots wher, shells may be deposited, and at lea.st om^ spot in each district shall 
be ojiened to the pnl.dic for the depositing of slndls at all times, excejit at night or on 
Sunday. 

Xo person shall use for measuring oysters in the shell any nn'asure whi<di sliall not have 
been duly inspei^ted and sealed by the proper offii-ers, under a forfeit of fifty dollars for each and 
every olfoiise. Said forfeit shall Iji.' recoverable before any justice of the peace, by a(;tion of 
debt, ill tlie name of the State of .Maryland, one-half to go to the informer and the other half 
to b- paid to the Cumptroller, to the credit to the oyster fund. V.:v)i bushel shall be ecpial to 



1 '.f2 



the coMiont- of ;i moa^iifo of thi- followint;' (liinr'u>i(»iis, tlmt is to siy. sixteen and oup-half 
inclic- a-ros-; fi-oin iusidt'to inside at the bottom, ei.u-hteen inehes across from inside to inside at 
the to)), luid twenty-one inches diau'oiial from the inside cliime to (he toji. and the same shall be 
even or strnck mensnrcv 

A lid be if enacted. 'I'liat any ]>erson e.\ce])t an ofticer nf tlic Stale I'Msliei-y j-'oree, who shall 
sirrest any ])erson Avho sliall bi' conxictud of a vit)lation of any of tlie pi'ovisions of tliis act, or 
shitll seize any br/af or vessel, or otlier ]iro])ei'ty wliich shall be condemned nnder the provisions 
of tliis act, sliall be entitled to I'eceive on<>-half of the fine which may be imiiosed, and one-half 
of th<^ proceeds of the sale of the sale of the property condemned, and all other moneys rec(>ived 
foi' fines inifiosed undei' (he jirovisions of this act. oi- for th(> sale of ])ro])erty condtunned nnder 
the pn)\isions ui' this act afttn- the )>ayment of costs, and all money received for licenses to take 
oysters in 
any g'r )nnd 
oyster fnnd ; and any conrt oi' jmli^'e. oi' Jnsticc who shall try any case nnder the ])i-ovision 

1 acconnt to the ('omi)troller of the Treasury ftu- ;ill money received as fines, and 

h trial to be transmitt<>d forthwith to the l>oard of 

and transmittimi-sn(di recordshall be inclnded 

ioners shall preserve a record 



'loiis oj LHis aci uiiei- uie )>ay meni oi cos is. alio an iiioncv recei\ eo jor licenses to laKe 

this State, and all money received for the sale of the riii'ht to cultivate oysters njioii 

ids in this State, shall lie ^laid to the ComiitrolhM- of the Treasury to the credit of tlie 

,,1 1 .,,.,, ,.„,,,.(^ .,., ;,.,! ;,..,«; i.., ,i,.,n *^,.., ..,., ,„ ,...,n.v,. +1..-. .,..,^,.; ,;. . .^f 



sof 



lersoii a lit horized nnder this act to make arrests 
uilly of a misdemeanor, and M])on indict- 
tion thei'efor in any I'ourl lia\inu' jurisdiction shall be imprisoned in the jail of the 

lienitent iary, foi' not nnn-e than twoyears, or fined 



lie 



cost of 



thisacl, shal 

shall also cause a co]iy of the recoi-d of siii 

Oyster! 'ommissionei's. and t lie I'.vpense of ]n'e}iariny"i 

ill the costs of said trial ; and tlie Hoard of State ( )yster Commit -....,,.,-„.,„, , ^.., ,., . , ^ „ ,....,,. 

of all trials under the iirovisions of this act, ;ind they .-hall ]irepare and submit to each <lener;il 

..\ss(>iiibly, an analysis or di<;'est of this recoi'd. 

Any jiersonwho shall resist any ofiicer or pers( 
of persons or seizures of pro[ierty shall In; deemed 
and convic' • - ■ ■ 

county where tin* case sliall be tried, or in tlie i 
not less than fifty dollars oi' more than five hundred dollars, in the discretion of the com 

And he il eiKicted, 'I'hat ])arties t ried under this act and acipiittc^l shall ha\( 
such trial paid l)y the Comptroller of tln^ Stati' out of the oyster fund 

A lid he if eimcfed, 'Hiiii notiiim;- (-(nitaihed in this act 
riyht to cultivat(^ oysters under it of the ri-ht f(.i brinu' ;: 
])roiierty or riudits. 

And he if e II a <■/ e//. '\'iv,[t a ISoard of Stati' ()yster < 'oiiimissioner,, , , ,._. 

be composed of three c(nnmissioners, who sliall jierforin all the duties reijiiired by the pre- 
visions of this act : and that tlie commander of the i^'ishery l'"orce shall be one of the commis- 
fiioners, the ( 'oin))troller of the 'frivtsnry another, while the third shall be a citizen of Maryland 
esi)ecially appointed by the (ioveruor of the State, by and with the advice and consent of the 
(Jeiiei-al .\ssembly ; and that said boai-d shall be empowered to I'ent an ofTice and to em])loy a 
<Terk : and that they shall be re(juired to be lu'eseiit at this office for the transacfion of bnsiiK^ss 
frcnii m A. M. to •". P. M. on the second and fourth Saturday of each month. 

A ltd he if eiiuefed, That nothinj;' contained in this act shall be construed to affect an\' prose- 
cution now iiendinii,' for the violation of the e.xistinu' law in this State. 

And he if eiKiefed, That all acts or parts of acts inconsistent with 



Kill depi'i ve any jiersini ha\ inu' th(> 
■i\il fiction for injury done to hi.s 



-hall lie established, to 



my of the [irovisions of 



this act are hereby i-ejiealed, and this a<'t shall take effect from tlie day of its ]iassa,i;e. 



lU:] 

AN Af;T to amend An Act entitled "An Act I'm- the protection of the nids (o navii^atioii 
established by the authority of tlie T'uited .States Liiihthouso Hoard within Ww. State 
of Maryland," passed at the .hiiinary session, eigliteeu hundred and eiulity-two : 

A/id be if euadeil hi/ the (general A^iifinhhj af the :SI(i(e. of Mar^jlaud, That an act, entitled 
"An act for the protection of the aids to navi.ii-ation, established by the authority of the Ignited 
States Lighthouse I'joard witliin Die State of Afaryland," passed at the Januaiy session, eit;hteen 
hundred and eighty-two, be amended by adding, after tlu> words "Lightliouse Hoard," M-herever 
they occur, the words "or l)y the autliorify of tlie l^oard of Oyster ConnuissioiuM's of tiie State 
of Maryland." 



